1. The Defendant: (a) KRW 203,514,03 within the scope of the property inherited from the deceased B; and (b) KRW 202,415 among them.

1. Basic facts

A. On March 12, 2012, the Plaintiff entered into a loan agreement with B for the establishment of a business start-up business and set the overdue interest rate of KRW 200,00,000 at 12% per annum. On September 4, 2014, the interest rate on the bonds as of September 4, 2014 is KRW 203,514,03 (interest rate of KRW 200,000,000 on the principal, KRW 2,415,282 interest rate of KRW 1,09,751).

B. B died on April 28, 2014, and there was a defendant, who is his/her heir, as a child.

C. On July 24, 2014, the Defendant filed an application with the Seoul Family Court for the acceptance of a qualified acceptance report, and received a judgment from the above court to accept the qualified acceptance report.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 203,514,03 won of principal and interest of 202,415,282 won of principal and interest of 202,415,282 from September 5, 2014 to September 25, 2014, the delivery date of the original copy of the instant payment order, the agreement rate of 12% per annum from September 25, 2014, and delay damages by 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

In this regard, the defendant argued that the defendant was publicly notified as qualified acceptance of the deceased B's inheritance, and that other creditors of the deceased B, other than the plaintiff, are entitled to dividends from the deceased B's active property in proportion to each claim amount. Thus, the defendant cannot respond to the lawsuit of this case seeking the total amount of claims against the deceased B.

On the other hand, 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 even if the existence of an obligation is recognized, the court shall render a judgment on the performance of the entire obligation of inheritance, even if the inheritance does not exist or the inherited property is insufficient to pay the inherited obligation: Provided, That the obligation is a debt.