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1. Defendant C’s KRW 31,00,000 and this shall apply to the Plaintiff within the scope of the property inherited from the deceased E (Death, March 3, 2014).
Reasons
1. Facts of recognition;
A. On June 8, 2010, the Plaintiff filed a lawsuit against the deceased E (hereinafter “the deceased”) for a loan claim with the Seoul Southern District Court Decision 2010Kadan6448, and rendered a judgment on June 8, 2010 that “the Defendant shall pay the Plaintiff the amount calculated at the rate of KRW 62,60,000 and the interest rate of KRW 20% per annum from May 30, 200 to the date of full payment.” The said judgment became final and conclusive on July 1, 2010.
B. On February 7, 2012, the Deceased made, from April 2012, to the Plaintiff, a letter of intent to pay interest of KRW 100,000 per month on the said loan, and to repay the loan upon the project.
C. The Deceased died on March 3, 2014, and the Defendants inherited the Deceased.
On April 2, 2014, the Defendants reported to the Seoul Family Court 2014-Ma3141, and reported the refusal of inheritance and the renunciation of inheritance. On June 20, 2014, the Defendants received from the above court the adjudication accepting the declaration of renunciation of inheritance, and Defendant C received the adjudication accepting the declaration of refusal of inheritance, and Defendant C received the adjudication accepting the declaration of qualified acceptance.
[Ground of recognition] Facts without dispute, entry in Gap 1, 2, and Eul 1 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Deceased bears the Plaintiff’s loan of KRW 62,600,000 (hereinafter “instant loan”) and damages for delay. The Defendants, the inheritor of the Deceased, are liable to pay the Plaintiff the instant loan and damages for delay in relation thereto according to their shares of inheritance, barring any special circumstance.
B. In light of the above facts, the claim against the defendant B was examined, and the defendant B was judged to accept the report of renunciation of inheritance after the death of the deceased. Since the defendant B was placed in the same position as he was not an heir from the time of commencement of inheritance based on the retroactive effect of the renunciation of inheritance (Article 1042 of the Civil Act). Thus, the claim against the defendant B on the premise that the defendant B inherited the deceased's obligation, is without merit.
C. As to the claim against the defendant C