1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. H around November 9, 1994, pursuant to the credit card membership agreement concluded with the Plaintiff, obtained credit cards from the Plaintiff and used them.

As of August 14, 2018, H’s credit card use fees for the Plaintiff are the total of KRW 5,299,815 in principal, KRW 289,467 in fees, and KRW 439,015 in arrears.

B. Meanwhile, H died on November 27, 2017. At the time of death, he/she did not have a spouse and lineal descendant, and his/her lineal ascendant had a co-defendant D, E, F, and G, a sibling, as his/her heir in the next-order status of death.

In addition, H had been done as a son, but I died on July 15, 1982, the death of H.

C. On November 22, 1977, Defendant B married with I and had C as his child.

On March 12, 1983, after the death of the I as seen earlier, Defendant B resumed with J on March 12, 1983, but was married on December 7, 1983.

On the other hand, Defendant B died on May 10, 2019, which was after the judgment of the first instance court of this case, and Defendant B, the sole heir of Defendant B, took over the part of the instant lawsuit against Defendant B in this court.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. A person who will be the heir due to the death of the Plaintiff’s assertion H is D, E, F, G, and network I, a sibling of the Deceased.

However, as the net I died before the commencement of the inheritance due to the death of H, Defendant B, the spouse of the deceased I, succeeds to the inheritance obligation of H on behalf of the deceased.

However, as Defendant B died, Defendant B, the party taking over the lawsuit, is obligated to pay to the Plaintiff the money claimed in the claim amount equivalent to 3/25 of the net H’s credit card price, which is the inheritance share, and the delay damages therefor.

B. The judgment of the lower court and the marriage relationship are terminated when one of the married couple dies, and when the surviving spouse is remarriedd (Article 775(2) of the Civil Act). As such, when the surviving spouse had already been divorced at the time of commencement of the inheritance, the spouse thereof.