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1. The Plaintiff within the scope of the property inherited from the net C:
A. Defendant A is 14,414,201 won and 13,416.
Reasons
1. Facts of recognition;
A. On April 29, 2013, the network C (hereinafter “the network”) entered into an agreement with the Plaintiff on the membership of Samsung Card, and issued and used Samsung Card by the Plaintiff.
B. The Deceased agreed to pay the credit card user fee arising from the purchase of goods, installment purchase, cash service, etc. by the pre-determined date of each month in the above membership membership contract, and if it is not paid, the Deceased would lose the benefit of the whole credit card user and pay the damages for delay calculated by adding the delay interest rate as determined in advance by the Plaintiff.
C. On November 7, 2016, where the deceased did not pay for five months, the sum of KRW 22,360,925, fees, KRW 1,621,115, late payment charges, and KRW 24,023,669, including the accrued principal, KRW 22,360,925, and KRW 1,621,115, and late payment charges.
On the other hand, the interest rate in arrears set by the Plaintiff as of November 7, 2016 is 27.9% per annum.
E. On the other hand, on August 31, 2016, the Deceased died after having left Defendant A and A, who was a wife on August 31, 2016.
On September 22, 2016, the Defendants filed a report on qualified acceptance with the Cheongju District Court on September 22, 2016, and received the said report on qualified acceptance on October 7, 2016.
(Reasons for Recognition) The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. A. The qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability. As long as the qualified acceptance of inheritance is recognized even in cases where the inheritance is recognized, the court must declare a judgment on performance of the entire inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inheritance obligation. However, since such obligation has the nature of not being able to enforce compulsory execution with respect to the inherent property of an inheritor, it is executory power.