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1. The defendant shall not exceed KRW 80,000,000 within the scope of the property inherited from the deceased C, and on February 2, 2020.
Reasons
1. Basic facts
A. On January 6, 2020, the Plaintiff agreed to lend KRW 80 million, without interest agreement, with the deceased C (hereinafter “the deceased”) and agreed to lend KRW 70 million on the same day, and the same month.
7. A total of KRW 80 million (hereinafter “instant loan”) was remitted to the Deceased.
B. On January 9, 2020, the deceased died, and the defendant was the only heir of the deceased. On March 23, 2020, the defendant filed a report on the recognition of the inheritance with the Suwon Family Court 2020-Ma50375, and the same year.
7.1. Repair was tried;
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition, it can be recognized that the deceased borrowed KRW 80 million from the plaintiff. Thus, the defendant, as the only inheritor of the deceased, is liable to pay the loan of this case and its delay damages to the plaintiff, unless there are other special circumstances.
B. The defendant asserts to the effect that the plaintiff cannot respond to the plaintiff's claim because the plaintiff received qualified acceptance in relation to the deceased's inheritance.
As seen earlier, the Defendant received the qualified acceptance in relation to the deceased’s inheritance, but the qualified acceptance in relation to the inheritance is merely limited to the scope of the inherited property. However, the court must render a judgment of performance as to the entire inherited property. However, since the obligation of the inheritor has the nature of not being able to enforce compulsory execution as to the inherent property of the inheritor, it should be clearly stated in the order of the execution judgment that the obligation can be executed only within the scope of inherited property in order to restrict executory power.
C. Therefore, within the scope of the property inherited from the Deceased, the Defendant has the obligation to perform the instant case from February 8, 2020, following the delivery of a copy of the complaint of this case to the Plaintiff.