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(영문) 서울중앙지방법원 2015.03.17 2014가단5133064
신용카드이용대금
Text

1. The Defendants shall pay to the Plaintiff each of KRW 10,367,518 and KRW 2,173,604, respectively, from May 22, 2014.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) is used with credit cards issued on February 23, 2009 under a credit card transaction agreement between the Plaintiff and the Plaintiff on March 19, 2008, October 23, 2008, and August 24, 2009 by receiving loans on three occasions on May 21, 2014 (hereinafter “the deceased’s obligation to the Plaintiff as of May 21, 2014”) are as shown in [Attachment 3] and [Attachment 4].

B. On the other hand, the deceased died on December 29, 201, and the deceased died on his wife G, children, H, and I, but they were judged on January 27, 2012 to accept the report on the renunciation of inheritance (Seoul District Court racing support 2012Ra24).

C. The Plaintiff, among six siblings of the deceased, filed an application for the correction of the indication of a party and for the modification of the purport of the claim against the Defendants, among six siblings of the deceased, who are subordinate inheritors, as the body siblings of the deceased, and the wife and their children have renounced inheritance. As of November 3, 2014, Defendant A, B, C, and D filed an application for the correction of the indication of a party and for the modification of the purport of the claim, and was tried to accept it by filing a report on the inheritance-limited approval of the inheritance-limited authorization of Daegu District Court 2014Mo309.

[Ground for Recognition: Facts without dispute, Gap 1 through Gap 10, Eul 1's each entry, the purport of the whole pleadings]

2. According to the facts based on the judgment, the Defendants, as the deceased’s wife and children were the deceased’s heir due to the renunciation of inheritance and the death of the deceased’s parents, succeeded to the Plaintiff’s obligations pursuant to the inheritance shares. Therefore, the Defendants are obligated to perform the Plaintiff’s obligations corresponding to their respective inheritance shares (1/6), barring any special circumstance.

However, when Defendant A, B, C, and D came to know that their inheritance began, as seen earlier, they were tried to accept the report of limited approval of inheritance. As such, the Defendants are obligated to repay the instant debt to the extent of the property acquired by inheritance.

3. If so, the Defendants were to do so, each of the Plaintiff KRW 10,367,518.

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