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1.The judgment of the first instance shall be modified as follows:
The Defendants are the property inherited from the deceased C to the Plaintiff.
Reasons
1. Basic facts
A. On May 2, 2011, the deceased C (hereinafter “the Deceased”) entered into a membership agreement with the National Agricultural Cooperative Federation on a credit card and used a credit card (NH card and card number: D) to purchase goods.
B. On March 2, 2012, the Plaintiff succeeded to the comprehensive rights and obligations regarding the credit business portion of the National Agricultural Cooperative Federation under the Agricultural Cooperatives Act.
C. As of March 23, 2017, the credit card price in arrears is 4,641,565 won in total, including the principal amount of KRW 3,401,296 and the fees and damages for delay 1,240,269, and the overdue interest rate is 27.9% in total.
The Deceased died on April 21, 2016, and his heir is his father, A, and B.
E. The Defendants filed a report on the recognition of the inheritance limit with the Incheon Family Court 2016-Ma1519, and was tried on June 23, 2016 by the said court to accept it.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings
2. According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff damages for delay calculated at the rate of 27.90% of the overdue interest rate from March 24, 2017 to the date of full payment with respect to each of the principal (=3,401,296 won x 1/2 of the shares in inheritance) and the principal (=3,401,296 won x 1/2 of the shares in inheritance) within the scope of property inherited from the Deceased.
3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remainder shall be dismissed as it is without merit. Since the judgment of the court of first instance with different conclusion is partially unfair, the appeal of the defendants is partially accepted, and the judgment of the court of first instance shall be modified as above.