(영문) 대전지방법원공주지원 2020.04.23 2019가단22844

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(영문) 대전지방법원공주지원 2020.04.23 2019가단22844

대여금

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1. The Defendants are 20,335,619 won and each of them to the Plaintiff within the scope of the property inherited from the network D.

Reasons

1. Basic facts

A. On February 18, 2013, the Plaintiff lent KRW 29,023,00,000, around February 19, 2013, around KRW 333,00 to the network D (hereinafter “the network”), KRW 5,90,000, around February 19, 2013, around February 20, 2013, including KRW 22,790,00 (hereinafter “instant loan”).

B. In addition, the Plaintiff, as a joint and several surety, failed to repay the obligation of the deceased, on behalf of the deceased, paid a total of KRW 11,674,359 in subrogation of the deceased, including KRW 2,938,502 in E Company, KRW 2,785,06 in F Company, KRW 2,785,06 in G Company, and KRW 3,550,312 in H Company.

C. The Deceased died on February 16, 2009, and the Defendants, the parents of the Deceased, inherited the Deceased.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the above facts of recognition as to the cause of the claim, the Defendants, the inheritor of the deceased, are obligated to pay the Plaintiff the total amount of 40,671,239 won (i.e., the borrowed amount of KRW 29,023,00, KRW 11,648,239) and damages for delay.

3. The Defendants’ assertion on the qualified acceptance by the Defendants asserted that the qualified acceptance by the Defendants obtained the limited acceptance by inheritance, and that the Plaintiff’s inherited property cannot comply with the Plaintiff’s claim on the ground that the Plaintiff’s inherited property was liquidated without reporting the claim within the public notice period

According to the evidence No. 1, the Defendants filed a report on the inheritance limited recognition with the Cheongju District Court Branch 2019 Madan169, Cheongju District Court 2019, and accepted the above report on May 30, 2019.

However, the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability. As long as the qualified acceptance of inheritance is recognized as the existence of an inherited obligation even in a case where the qualified acceptance of inheritance is recognized, the court shall render a judgment on the whole performance of the inherited obligation, even if there is no inherited property, and Supreme Court Decision 14 November 14,

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