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1. The Plaintiff:
A. As to KRW 14,643,607 and KRW 12,857,142 among the Defendant A, from November 19, 2016:
B. Defendant B.
Reasons
1. Basic facts
A. On August 21, 2015, the Plaintiff lent KRW 30 million to the network D (hereinafter “the deceased”) at interest rate of 4.22% per annum (hereinafter “instant loan”). The Deceased repaid the principal and interest of the instant loan, and died on October 12, 2015.
B. As the deceased’s spouse, Defendant B, and Defendant C inherited each deceased at the ratio of 3:2:2, as the deceased’s offspring, and as of October 27, 2016, the remaining principal and interest of the instant loan is KRW 34,168,420.
C. Meanwhile, on January 25, 2016, the Defendants filed an application for a qualified acceptance judgment with respect to active property among inherited property (hereinafter “instant qualified acceptance judgment”) with the head of Suwon District Court Branch Branch 2016Mo106 Decided January 25, 2016, wherein they would be deceased and would not have any monetary claim against the inherited property. The said court accepted the said judgment as it was on February 4, 2016.
[Ground of recognition] Defendant A and Defendant B: A without dispute, entry of Gap evidence 1 through 11, Eul evidence 1, and the purport of the whole pleadings: Article 150(3) of the Civil Procedure Act
2. The assertion and judgment
A. The Plaintiff asserted that the deceased operated the retail store with the trade name “F” in the Seodaemun-si E-building 108 (hereinafter “instant store”) in Young-si E-si (hereinafter “instant store”) before birth, and there was a claim for the refund of the lease deposit against the said store.
Nevertheless, in applying for the adjudication on qualified acceptance of this case, the Defendants stated the monetary claim out of inherited property as "no". This is an act considered as a simple approval pursuant to Article 1026 of the Civil Act, and the Defendants should pay the instant loan in accordance with the inheritance shares.
B. Article 1026 of the Civil Act provides that, after having made a qualified acceptance or a renunciation, an inheritor shall be deemed to have made a simple approval if he/she has concealed, fraudulently consumed, or intentionally failed to enter in the inventory, the inheritor shall be deemed to have made a simple approval, and in this context, the inheritor shall be deemed to have made a qualified acceptance.