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창원지방법원 2014.09.25 2013나31865
상속채무금 청구의 소

1.The judgment of the first instance shall be modified as follows:

The defendants each of the plaintiff 2,137,856 won and 1,959 among them.


1. Basic facts

A. D entered into a credit card use contract (hereinafter “instant contract”) with Hyundai Card Co., Ltd. (hereinafter “Real Card”) and received a credit card from Hyundai Card Co., Ltd. on March 14, 2008.

B. As of March 13, 2013, the amount of arrears of a credit card in the name of D as of March 13, 2013 is 5,879,704 won in principal, 318,543 won in interest, 215,323 won in total, 6,413,570 won in delay.

C. The Plaintiff is a specialized credit finance corporation that provides installment financing loans, general loans, and leases (facility loans) upon authorization by the Financial Supervisory Commission. On February 6, 2013, the Plaintiff acquired claims under the instant contract against D from the Hyundai Card, and on February 8, 2013, Hyundai Card sent the fact of assignment of claims by designating D as receiver the F in Changwon-si, which was known to D on February 8, 2013.

On the other hand, D died on September 25, 2012, and as his heir, the Defendants are children.

E. On May 9, 2013, the court of first instance decided to serve the Defendants by public notice and served the instant complaint, etc. on the grounds that the Defendants’ address cannot be known as the director was unknown.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Comprehensively taking account of the evidence in light of the determination as to the cause of the claim, the Defendants are liable for the Plaintiff, the assignee of the Hyundai Card, who is the assignee of the claim in Hyundai Card, to repay the obligations under the instant contract to D’s Hyundai Card according to their respective inheritance shares (the notice of the assignment of claims is deemed to have been duly made when the duplicate of the complaint in this case stating the purport of the assignment of claims is served to the Defendants). The Defendants are each 2,137,856 won to the Plaintiff (=6,413,570 won in total of the principal and interest ± 3,959,901 won in total of the principal and interest ± 5,879,704 won in principal and interest ± 3,000 won in total), and among them, 1,959,901 won in total (one less than KRW 5,879,704 in principal ± 3,