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(영문) 서울중앙지방법원 2016.03.25 2015가단5299411
신용카드이용대금
Text

1. The defendant shall not exceed KRW 22,566,034 within the scope of the property inherited from the deceased B and KRW 2,831,200 among them.

Reasons

1. In light of the overall purport of the arguments as to the remaining principal and interest of KB Card No. 2,831,200 3,600,797,798 23.9% card No. 17,600,605 19,468,2368,2362,565,034 A No. 1 through 4, the defendant's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's debts against the plaintiff on February 12, 1992, 2-1,2-13, 200 3,60,005 19,631,205,205,250,000,0000,000,000,000,000,000).

According to the above facts of recognition, the defendant is obligated to pay the amount as stated in paragraph (1) of this Article to the plaintiff.

2. The defendant's assertion that the plaintiff's claim should be dismissed because the defendant was adjudicated to accept the report of limited acceptance of inheritance, so the qualified acceptance of inheritance is merely limited to the scope of liability, not limited to the existence of the debt. Thus, inasmuch as the qualified acceptance of inheritance is recognized even if the existence of the inherited debt is recognized, the court shall render a judgment to fully perform the inherited debt even if there is no inherited property or the inherited property is insufficient to repay the inherited debt. However, since the debt of the inheritor has the nature of not being able to enforce compulsory execution with respect to the inherent property of the inheritor, the court shall clearly state the purport that the execution can be made only within the extent of inherited property (see Supreme Court Decision 2003Da30968, Nov. 14, 2003). Thus, the plaintiff against the defendant.

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