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Reasons
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(영문) 서울남부지방법원 2020.05.26 2020가단202252
상속채무금 청구의 소
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1. The Defendant: (a) within the scope of the property inherited from the deceased C, KRW 149,004,00,000 to the Plaintiff; and (b) on the same, on September 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned money to C several times from around 2016 to May 2017, but failed to receive the money properly. On October 31, 2017, the Plaintiff issued a promissory note No. 50,000 won prepared by D with No. 249, Nov. 30, 2017; on July 20, 2018, a notary public issued a promissory note No. 112,50,000 won, and on December 20, 2018, a notary public issued a promissory note No. 1188,00 won, respectively.

B. On March 12, 2019, the Plaintiff was paid KRW 1,500,000 in the attachment procedure of movable property E with Sung-nam Branch of Suwon District Court.

C. C: (a) died on September 24, 2019; (b) the Defendant, a child of the deceased C (hereinafter “the deceased”) inherited the deceased solely.

Then, the Plaintiff filed an order of seizure and collection with the Seoul Northern District Court 2019TTT121783 against the Defendant, and issued a seizure and collection order (hereinafter “instant collection order”) from the above court on December 17, 2019, and collected KRW 11,96,000 from F, a stock company, the garnishee, based on the instant collection order.

[Recognition] Facts without dispute, entry of Gap evidence 1 to 5, obvious facts to this court and purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant, the inheritor of the Deceased, is obligated to pay the Plaintiff the borrowed amount of KRW 149,004,00 (i.e., KRW 162,50,000 in borrowed amount of KRW 1,50,000 in borrowed amount of KRW 1,50,000 in borrowed amount of March 21, 2019 - the amount of KRW 11,96,00 in collected money of December 31, 2019) and delay damages therefrom, barring any special circumstance.

B. The defendant's defense and the judgment on this issue asserted that since the defendant inherited the deceased's property and inherited the qualified acceptance, he/she is liable to pay the inheritance debts only within the scope of the inherited property from the deceased.

According to the statement in Eul evidence No. 1, the defendant shall support the Suwon Family Court in Sung-nam.

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