1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Determination as to the cause of claim

A. On the day before April 7, 2006, mutual savings banks established a loan of KRW 2,00,000 with interest rate of KRW 6% per annum, interest rate of KRW 18% per annum, and maturity of April 7, 2011 (hereinafter “instant loan”).

(2) The Plaintiff is a trustee in bankruptcy of a mutual savings bank prior to August 17, 2010, who was declared bankrupt.

3) On the other hand, E died on March 22, 2007, and his inheritor has been Defendant B, C, and D, the spouse of Defendant A and his/her children. [In the absence of any dispute over the grounds for recognition, the purport of the entire pleadings and arguments, as a whole.]

B. According to the above facts of recognition, the Defendants, as the inheritors of E, are obligated to pay the Plaintiff the amount corresponding to their respective shares of inheritance among the instant loans, unless there are special circumstances.

2. Judgment on the defendants' assertion

A. The Defendants asserted to the effect that the Defendants’ report of qualified acceptance was accepted with respect to the inheritance following the death of E, and that the Plaintiff’s claim is unreasonable since there was no further remainder of the inherited property after the qualified acceptance of inheritance to the obligees with the inherited property.

B. First, according to the statement in Eul evidence No. 1, the Defendants filed a qualified acceptance report with the Busan Family Court Decision 2007Ra1888, with respect to E’s inheritance due to death, and accepted the report on June 26, 2007.

C. However, since the qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of the liability, so long as the qualified acceptance of inheritance is recognized as the existence of an inherited obligation, the court should declare a judgment on the performance of the entire inherited obligation even if there is no inherited property or the inherited property is insufficient to repay the inherited obligation. However, since such obligation has the nature of not being able to enforce compulsory execution against the inherent property of an inheritor, the court has the nature of such obligation.