1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 100 million to E (hereinafter “the deceased”), and died on April 15, 2012 without the deceased’s repayment. The Plaintiff’s assertion sought the payment of the said loan to the Defendants, the heir of the deceased.

B. The Defendants’ assertion 1) The Deceased did not borrow KRW 100 million from the Plaintiff. 2) Even if there was a loan for consumption between the Deceased and the Plaintiff.

Inasmuch as the Plaintiff’s inherited property is liquidated without reporting his/her claim within the period of public notice on the approval of the inheritance, it should be clearly stated that the Plaintiff’s claim should be paid only when it is dismissed or the remaining property of the deceased remains after being inherited from the deceased in the judgment.

2. Determination

A. Determination 1 on a loan claim) The Plaintiff loaned a total of KRW 100 million to the Deceased from November 27, 2009 to December 2, 2009.

B) On April 15, 2012, the deceased died, and Defendant B, who is the wife of the deceased’s property, jointly succeeded to the deceased C and D’s 2/7 shares. C) The Defendants filed a report on qualified acceptance on the deceased’s inherited property under the Daejeon Family Court’s 2012-Ma843, and received a judgment from the said court on July 3, 2012 to accept a report on qualified acceptance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 (including serial numbers), and the purport of the entire pleadings as to the above recognition facts. According to the above recognition facts, the defendants are obligated to pay the plaintiff money in accordance with the inheritance shares, as they jointly inherited the deceased's debt of KRW 100 million to the plaintiff, barring any special circumstances.

However, as seen earlier, the Defendants were subject to a qualified acceptance trial on the inherited property of the Deceased, so the Defendants are obligated to pay the said money within the scope of the inherited property from the Deceased.

Therefore, from the deceased.