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1. Defendant C: (a) within the scope of property inherited from the network D; (b) KRW 102,760,000; and (c) as regards such property, December 20, 2018.
Reasons
1. Basic facts
A. On February 4, 2014, the deceased on January 12, 2018 (hereinafter “the deceased”) drafted a loan certificate stating that “I will promise the Plaintiff to pay KRW 130,000,000 (130,000) daily payment to the Plaintiff” (hereinafter “the instant loan certificate”).
B. From January 13, 2016 to January 8, 2018, the Plaintiff loaned a total of KRW 75,520,000 to the Deceased.
C. At the time of the deceased’s death, the deceased was the deceased’s death.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the facts based on the determination as to the cause of the claim, the deceased is obligated to pay the Plaintiff the amount of KRW 205,520,00 (i.e., KRW 130,000,000 and KRW 75,520,000) and damages for delay. As the deceased died on January 12, 2018, the above borrowed money against the deceased’s Plaintiff’s heir was inherited at the ratio of 1/2. Thus, barring any special circumstance, the Defendants are obligated to pay each of the Plaintiff the amount of KRW 102,760,00 (= KRW 205,520,000 x 1/2) and damages for delay.
3. Determination as to the defendants' defenses, etc.
A. Defendant B renounced his inheritance to the deceased, and Defendant C asserted that the qualified acceptance was made by inheritance to the deceased.
B. Comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 1 and 2, as to the deceased’s inheritance commenced due to the death of the deceased, Defendant B filed a report on the renunciation of inheritance with the Gwangju Family Court 2018-Ma384 on March 7, 2018 and accepted the report on the renunciation of inheritance on March 28, 2018, and Defendant C filed a report on the re-approval of inheritance with the Gwangju Family Court 2019-Ma3059 on February 11, 2019 and received a judgment on March 22, 2019. According to the above facts of recognition, Defendant B renounced waived the inheritance to the deceased, and thus did not inherit the deceased’s obligation to the Plaintiff.