(영문) 서울중앙지방법원 2019.09.25 2018가단5181719

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(영문) 서울중앙지방법원 2019.09.25 2018가단5181719

대여금

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1. The defendant shall be KRW 46,400,000 to the plaintiff within the scope of the property inherited from the deceased D (E) and this shall apply to the plaintiff.

Reasons

1. The Plaintiff, as shown in the attached Table, lent a total of KRW 46.4 million to the network D (hereinafter “the Plaintiff”) (hereinafter “the instant loan”).

On November 19, 2011, the Deceased promised to pay interest on each month calculated at the rate of 8.4% per annum from January 25, 2012 to the Plaintiff on November 25, 2012, and promised to faithfully repay the sum of the principal and the above interest from January 25, 2013 to the Plaintiff.

The Deceased died on August 30, 2014, and the Defendant, a child of the Deceased, was the sole heir of the Deceased.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant, who is the sole heir of the deceased, is liable to pay the plaintiff the debt of the deceased 46.4 million won and delay damages as the inherited debt to the plaintiff, unless there are special circumstances.

3. The defendant's defense of qualified acceptance is proved only to have a duty to pay the deceased's debts to the extent of the property inherited from the deceased, since the defendant's judgment on qualified acceptance defense was obtained as to the inherited property.

According to the evidence No. 1, the Defendant reported to the Seoul Family Court No. 2015-Ma699, and accepted the above report on May 19, 2015. As such, the Defendant is obligated to pay the deceased’s debt only within the scope of the property inherited from the deceased.

Therefore, the defendant's defense is justified.

4. Judgment on the plaintiff's second defense

A. The Plaintiff’s assertion 1) The Defendant, at the time of filing a report on the inheritance-limited approval, did not intentionally enter the obligation of the Plaintiff to the Plaintiff in the list of inherited property. Therefore, the Defendant is deemed to have granted simple approval of the rights and obligations of the Deceased pursuant to Article 1026 subparag. 3 of the Civil Act. 2)

참조조문

-민법 제1026조 제3호

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