1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. The reasoning for the court’s explanation concerning the instant case is as stated in paragraphs (1) and (2) of the reasoning of the judgment of the court of first instance (Provided, That “Defendant B” shall be corrected to “Co-Defendant B of the court of first instance”), and this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's defense of qualified acceptance

A. Article 1019(1) of the Civil Code provides that "a successor may grant a qualified acceptance, a qualified acceptance, or a renunciation within three months from the date on which he/she becomes aware of the commencement of inheritance." Article 1019(3) of the Civil Code provides that " Notwithstanding the provisions of paragraph (1), where an inheritor does not know of the fact that his/her inherited obligation exceeds his/her inherited property within the period provided in paragraph (1) without gross negligence, a qualified acceptance may be made within three months from the date on which he/she becomes aware of such fact." Article 1026(2) of the Civil Code provides that "where an inheritor fails to grant a qualified acceptance or a renunciation within the period provided in Article 1019(1) of the Civil Code, his/her heir does not know of the fact that his/her inherited property exceeds his/her inherited property if he/she paid due care, and thus he/she did not know of the fact that his/her obligation exceeds his/her inherited property within the period provided in Article 101(1) of the Civil Code."

(see, e.g., Supreme Court Decision 2011Da64331, Nov. 24, 2011). B.

Judgment

1. As to the instant case, the Plaintiff sought a total of KRW 100 million from the Defendant and the Co-Defendant B of the first instance trial against the Defendant and the Co-Defendant B, and filed the instant lawsuit.