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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On January 16, 2013, the Plaintiff lent KRW 37,000,000 to D with a fixed interest rate fluctuation rate on January 16, 2017. ② On August 9, 2015, the Plaintiff loaned KRW 20,000,000 to D with a fixed interest rate fluctuation rate on August 13, 2020.
B. D died on December 30, 2015, and the Defendants, their children, inherited the network D (hereinafter “the deceased”) one-half shares.
On March 16, 2016, the Defendants filed a report on the inheritance limited approval with the Gangwon-do District Court Branch Decision 2016 Madan1006, and the said report was accepted on July 12, 2016.
C. The above A.
(2) As of January 23, 2019, a total of KRW 27,429,29,290, including interest, etc., for a loan, was not paid, as of January 23, 2019.
Of the deceased’s inherited property, the auction procedure for the liquidation of the sale was conducted as to the real property via the Gangnam Branch Branch of the Chuncheon District Court. On April 6, 2017, Defendant C was apportioned KRW 45,376,048, and Defendant B was apportioned KRW 45,376,050, respectively.
E. Defendant B filed an application for bankruptcy of inherited property with the Chuncheon District Court 2019Hadan10142 regarding the deceased’s inherited property, and was declared bankrupt on September 5, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The parties' assertion
A. The summary of the Plaintiff’s assertion is that since the Defendants illegally consumed the amount distributed during the auction procedure conducted to sell or liquidate the inherited property, it shall be deemed that the deceased’s inheritance obligation was granted simple approval, and the Plaintiff is obliged to pay the principal and interest of the deceased’s loan obligations according to the inheritance shares.
B. The summary of the Defendant’s assertion was accepted as a qualified acceptance report on the deceased’s inherited property, and was declared bankrupt on inherited property, so the Defendants were the deceased.