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(영문) 광주지방법원 2016.05.25 2015가단522465
양수금
Text

1. The Plaintiff within the scope of the property inherited from the net B,

A. Defendant (Appointed Party) is 36,096,084 won and 84 won.

Reasons

1. Judgment on the plaintiff's claim

(a) Fact-finding 1) The National Agricultural Cooperative Federation shall pay 19,000,000 won to F on November 8, 2003, interest 10.5% on November 8, 2005, damages for delay 16.5% (the same shall apply to the condition that any change may be made according to the circumstances; hereinafter the same shall apply).

On June 30, 2004, 22,700,000 won was determined and lent to F on June 30, 200 to F as 12.5% interest on June 30, 2005 and 14.5% interest on delay damages. 2) B guaranteed each of the above obligations of F.

3) On June 28, 2007, the National Agricultural Cooperative Federation transferred each of the above claims to the Plaintiff. 4) B died on June 26, 2014, and there was the Defendant (Appointed Party) who was the wife as the inheritor, C, D, and E.

5) Each of the above obligations of F as of August 5, 2015 remains in KRW 108,288,253,253, including the principal amount of KRW 41,684,430, and interest amount of KRW 66,603,823. [In the absence of any dispute over the grounds for recognition, each of the descriptions in subparagraphs A1 through 4, and the purport of the whole pleadings.]

B. According to the above facts of recognition, the defendant (appointed party) and the appointed party C, D, and E are obligated to repay the inherited debts to the plaintiff.

2. Determination as to the defense of the defendant (appointed party)

A. According to the evidence evidence Nos. 1, the fact that the Defendant (Appointed Party) and the appointed parties C, D, and E filed a report on the re-approval of inheritance with the Gwangju District Court 2015-Ma309 on December 7, 2015 and received a judgment to accept it on December 31, 2015.

B. The judgment of the court on acceptance of a qualified acceptance report is merely a recognition of a qualified acceptance requirement, not a confirmation of its validity, but a final judgment on the validity of a qualified acceptance of inheritance is a matter to be decided in civil procedure according to the substantive law.

(Supreme Court Decision 2002Da21882 Decided November 8, 2002). Meanwhile, Article 1019(1) of the Civil Act provides that “he inheritor may make a simple acceptance, qualified acceptance, or renunciation within three months from the date on which he/she becomes aware of the commencement of the inheritance.” Article 1019(1) provides that “The inheritor may make a simple acceptance, qualified acceptance, or renunciation within three months from the date on which he

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