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(영문) 수원지방법원여주지원 2019.05.16 2018가단7490
대여금
Text

1. The defendant shall within the scope of the property inherited from the network D and KRW 38,939,395 to the plaintiff and 37,385 to the plaintiff.

Reasons

1. Judgment on the parties' arguments

A. In full view of the purport of evidence Nos. 1 through 4 of the judgment as to the cause of the claim and the entire arguments, D applied for loans from the Plaintiff on July 5, 2018, and obtained loans from the Plaintiff at an interest rate of 19.9%, and at an overdue interest rate of 2.9%. However, D lost its interest due to delinquency on at least two occasions, and as of November 16, 2018, as of November 16, 2018, D did not pay the Plaintiff the principal amount of KRW 37,385,437, interest rate of KRW 1,502,638, and late payment penalty of KRW 38,939,395, and D died on November 12, 2018 (hereinafter “net”) and her mother is not obligated to pay the principal and interest of the loan to the Plaintiff. According to the foregoing, D’s mother’s obligation to pay the principal and interest of the loan to the Plaintiff.

B. The Defendant’s assertion 1) The Defendant asserts that the Plaintiff’s claim should be dismissed on the grounds that he/she received an application for an approval of qualification by applying for an inheritance limited qualification, and that the Plaintiff’s claim should be dismissed on the grounds that he/she received an inheritance limited qualification judgment. 2) If the Defendant collected the entire purport of pleadings in the statement of evidence No. 1, it can be acknowledged that the Defendant filed a report of the inheritance limited qualification approval with the Suwon District Court 2019Hun-Ma58, which received the above report on February 20, 2019.

3. However, the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability. Thus, where the qualified acceptance of inheritance is recognized even in cases where a qualified acceptance of inheritance is recognized, the court should render a judgment on performance of the entire inheritance obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited property. However, since such obligation has a nature of not being able to enforce compulsory execution against the inherent property of an inheritor, the court shall render a judgment on performance to limit executory power.

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