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(영문) 서울중앙지방법원 2015.01.22 2013가단326697
대여금
Text

1. The Defendants, within the scope of property inherited from the network D, to the Plaintiff:

(a) Defendant A shall be 29,320,902 and its number.

Reasons

1. There is no dispute between the parties that the plaintiff has a claim against the network D, and that the deceased's heir has a claim, such as the entries in the claim purport, against the deceased's heir.

Therefore, Defendant A is obligated to pay damages for delay calculated at the rate of 18% per annum for KRW 29,320,902 and for KRW 25,714,284 from November 30, 2013 to the date of full payment, and damages for delay calculated at the rate of 18% per annum for KRW 19,547,268 and for KRW 17,142,856 from November 30, 2013 to the date of full payment.

2. The Defendants asserted that the Plaintiff’s liability against the Plaintiff should be limited to the scope of the inherited property D as the qualified acceptance of inheritance was made. In full view of the overall purport of the pleadings, the Defendants received a report of acceptance of inheritance-limited acceptance by the Ulsan District Court 2013Ra187 on March 29, 2013. The Defendants did not enter the deceased’s retirement allowance on the list of property when filing a report of qualified acceptance with the Ulsan District Court. After that, the Defendants filed the instant lawsuit with the Ulsan District Court, the Defendants did not enter the deceased’s retirement allowance in the list of property. Upon the discovery of KRW 13,061,036 on the deceased’s death allowance of KRW 22,60 on the deceased’s funeral expenses (the amount obtained by deducting the deceased’s retirement allowance of KRW 13,061,036 from the deceased’s retirement allowance of KRW 13,061,036, Nov. 19, 2014).

However, the judgment of the family court on acceptance of a qualified acceptance report is merely recognized as satisfying the requirements of qualified acceptance, but it does not confirm its effect, and the final judgment on whether the effect of the qualified acceptance of inheritance is effective is a matter to be decided in civil procedure according to the substantive law.

(See Supreme Court Decision 2002Da21882 Decided November 8, 2002, etc.). Meanwhile, Article 1026 subparag. 3 of the Civil Act, after an inheritor gives a qualified acceptance or a renunciation, conceals, wrongfully consumes, or intentionally not enter in the inventory.

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