1.With respect to the Plaintiff, Defendant B shall have KRW 38,33,35, Defendant C, D, and E shall have KRW 25,55,555, respectively, and Defendant B, C, and D shall have regard thereto.

1. Basic facts

A. On April 19, 2003, the Plaintiff lent KRW 115,000,000 to the deceased F (hereinafter “the deceased”) without an agreement on the due date and interest.

B. The Deceased died on May 15, 2008, and the Defendant C, D, and E, the wife, succeeded to the Deceased.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff the amount of money and damages for delay arising from the respective inheritance shares of the Defendants out of KRW 115,00,000 of the instant loans, unless there are special circumstances.

3. Determination on the defendants' defenses regarding qualified acceptance

A. The Defendants asserted that, at the time of inheritance, the inherited property did not know that it exceeded the inheritance obligation, and that, since qualified acceptance was made, the Plaintiff did not have the obligation to repay the above loan.

B. The adjudication on acceptance of a qualified acceptance report by the family court is merely a recognition that the requirements of the qualified acceptance are satisfied, and the final judgment on whether the effect of the qualified acceptance of inheritance is effective or not is a matter to be determined according to the substantive law.

(See Supreme Court Decision 2002Da21882 Decided November 8, 2002). Article 1019(1) of the Civil Act provides that “A successor may grant a conditional acceptance, a qualified acceptance, or a renunciation within three months from the date on which he/she becomes aware of the commencement of the inheritance.” Article 1019(3) of the Civil Act provides that “A successor, notwithstanding the provisions of paragraph (1), may grant a qualified acceptance within three months from the date on which he/she becomes aware of the fact that his/her inherited obligation exceeds his/her inherited property without knowing the fact that his/her inherited obligation exceeds his/her inherited property, may grant a qualified acceptance (including cases where he/she is deemed to have granted a conditional acceptance under subparagraphs 1 and 2 of Article 1026).”