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Reasons
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(영문) 대구지방법원서부지원 2016.06.15 2015가단18569
상속채무금
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1. The defendant shall, within the scope of the property inherited from the deceased C, be KRW 15 million to the plaintiff and the plaintiff shall be subject to this.

Reasons

1. Determination as to the cause of claim

(a) The following facts may be admitted, either in dispute between the parties or in combination with the whole purport of the pleadings, either as evidence A, Nos. 1, 2, 4, 1, 3-1, 3-2:

1) On April 11, 2006, the Plaintiff remitted KRW 139,589,600,000 to C on several occasions from January 9, 2006 to February 18, 2013, including the transfer of KRW 10 million to C, and transferred KRW 34,329,000 in total to the Plaintiff’s account from that time to April 14, 2008.

3) On September 17, 2014, C repaid to the Plaintiff the borrowed amount of KRW 15 million up to March 31, 2020, and C prepared a loan certificate stating that the due date may be extended by consultation, and that interest shall be determined later. 4) C died on January 11, 2015, and there were F (G), D, and E, the spouse of C and his/her children.

However, on April 9, 2015, F, D, and E, all children, filed a waiver of inheritance with the Daegu Family Court on April 9, 2015, and accepted it on the 21st day of the same month (2015 D's 1024) (the only inheritor), and the Defendant, the only inheritor, reported the inheritance ceiling approval to the same court on April 9, 2015, and accepted it on April 21

(2015 Mono 1025). (b)

According to the above facts of recognition, the plaintiff lent 1.5 million won to C. Thus, the defendant, the only inheritor of C, is obligated to pay 1.5 million won to the plaintiff.

On the other hand, granting the benefit of time to the obligor in a contract is granting deferment of performance with credit for the obligor, so if there is a cause to extinguish the obligor's credit, the obligor shall be deemed to lose the benefit of time.

In this case, on March 31, 2020, the Plaintiff granted the benefit of time by setting the maturity period between C and C, which the Plaintiff, based on his personal relationship with C, is the debtor.

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