beta
Text
1. Within the scope of the property inherited from Nonparty I to the Plaintiff, Defendant C is KRW 15,00,000, and Defendant E and G are the same.
Reasons
1. Facts of recognition;
A. On November 19, 2001, the Plaintiff has extended the due date after performing the loan of KRW 35,000,000 with the agreement rate of 9.2% per annum, 22% per annum, 35,000 per annum, and the due date of repayment as of November 19, 2003.
B. On the other hand, on June 23, 1992, the deceased married with Defendant C, and had Defendant E and G as his child.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 14 evidence, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, Defendant C, as the inheritor of the deceased, is obligated to pay the Plaintiff the amount of 15,000,000 won [35,00,000 won (the Plaintiff’s loans executed to the Deceased) x 3/7 (the Plaintiff’s share in inheritance) x 10,000 won (35,000,000 won (the Plaintiff’s loans executed to the Deceased) x 2/7 (the share in inheritance of the above Defendants) and damages for delay for each of the above amounts x the Plaintiff has the obligation to pay the Plaintiff the agreed interest until June 19, 2016. Accordingly, the Defendants are obligated to pay the Plaintiff each of the above amounts and the amount from June 20, 2016 to the delivery date of a copy of each complaint listed in the separate sheet from June 20, 2016 to the delivery date of each claim for delay damages from the next day to 18% per annum.
B. As to the Defendants’ assertion, the Defendants asserted to the effect that the Plaintiff cannot accept the Plaintiff’s claim on the grounds that the Defendants received the declaration of qualified acceptance. (2) Since the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability, insofar as the qualified acceptance of inheritance is recognized, insofar as the inheritance obligation exists even in the case where the qualified acceptance of inheritance is recognized, the court shall render a judgment on the performance of the entire inheritance obligation even if there is no inherited property or the inherited property is insufficient to pay the inherited property.