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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. On September 22, 2011, the underlying fact-finding C (hereinafter “the deceased”) entered into a credit card contract with the Plaintiff and used it with the credit card member. The deceased’s credit card payment obligation remains in KRW 7,035,088,088, including the principal amount of KRW 5,708,186 as of October 23, 2017 and interest for delay until that time plus KRW 1,326,902 (applicable delinquency rate: 23.7%).
As the deceased died on November 10, 2016, on December 5, 2016, the Defendant, the mother of the deceased, filed a report on the inheritance limited approval with D, the spouse of the deceased, as well as the Daegu Family Court 2016-Ma100391, which was inherited by the said court on January 24, 2017.
Meanwhile, at the time of the death of the deceased, D was born in E between the deceased, and E was born on the F date.
E completed the acceptance of the renunciation of inheritance on September 26, 2017 by the above court 2017-Ma1974.
[Ground for Recognition: Facts without dispute, Gap 1 through 3 (including each number), Eul 1 through 3]
2. Although the judged fetus on the cause of the claim is deemed to have been already born on the order of inheritance (Article 1000(3) of the Civil Act), a person who renounces inheritance is placed in the same position as that of a person who was not the heir at the time of the commencement of inheritance retroactively. Therefore, if the spouse and children of the inheritee have renounced inheritance, the spouse and the inheritee’s grandchildren or lineal ascendants jointly become the inheritor.
(see, e.g., Supreme Court Decision 2013Da48852, May 14, 2015). According to the above facts, inasmuch as E, the only child of the deceased, was born and renounced inheritance, E, as the only child of the deceased, was not the inheritor from the beginning. As the next-order inheritor, the Defendant, who is the lineal ascendant of the deceased, succeeded to the deceased’s property jointly with D, the spouse. As seen earlier, the Defendant qualified the inheritance of the deceased’s property, the Defendant, within the scope of the property inherited from the deceased, was entitled to the inheritance of the deceased’s property, the said card price of KRW 2,814,035 =7,