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(영문) 서울고등법원 2020.02.07 2019나2035887
대여금
Text

1. The plaintiff's appeal and the defendants' incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the judgment of the court of first instance, except for the following, and therefore, it is identical to the reasoning for the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The 4th 14th 14th son of the first instance court, and the 14th son of the loan of this case, "no loan of this case has been lent" shall be applied to "no loan of this case has been borrowed."

The following shall be added to the fourth 18 line of the first instance judgment:

“3) The Defendants are obligated to pay the instant loan within the scope of the property acquired by inheritance as a result of the inheritance, since they succeeded to the network E’s property, and thus a qualified acceptance was made, following the 11th five line of the first instance judgment, the following is added. D. The Defendants’ assertion on the qualified acceptance defense by the Defendants. The first sentence of Article 1019(1) of the Civil Act may be simple acceptance, qualified acceptance, or waiver within three months from the date on which the commencement of inheritance was known.

Article 10(3) of the Civil Code provides that "Where an inheritor has granted an absolute acceptance (including the case deemed to have granted an absolute acceptance under subparagraphs 1 and 2 of Article 1026) without knowing the fact that his/her inherited obligation exceeds his/her inherited property within the period under paragraph (1) without gross negligence, a qualified acceptance may be made within three months from the date on which he/she becomes aware of such fact.

Article 1026 subparag. 2 of the Civil Act provides that "if an inheritor fails to grant qualified acceptance or renunciation within the period under Article 1019(1) of the Civil Act, he/she shall be deemed to have granted simple approval." In such cases, "no knowledge of the fact that the inherited obligation exceeds the inherited property is gross negligence" means "if the inheritor has paid due attention, he/she could have known that the inherited obligation would exceed the inherited property if he/she had paid due attention, he/she did not know such fact."

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