The Plaintiff

A. Defendant B shall pay 49,818,000 won and 18% per annum from December 3, 1999 to the date of full payment.

1. Basic facts

A. On June 9, 2010, Defendant B and the Deceased (hereinafter “A”) filed a lawsuit against Defendant B and the deceased (hereinafter “the deceased”) for the claim for the amount of the assignee fee, and the judgment was rendered on June 9, 2010 that “Defendant B and the Deceased jointly paid the amount of KRW 49,818,000 and the amount calculated by the rate of 18% per annum from December 3, 1999 to the date of complete payment”, and the above judgment became final and conclusive around that time.

B. On March 7, 2012, A was declared bankrupt by the Busan District Court (2012Hahap1), and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

C. On July 2, 2019, the Deceased died, and there was an inheritor E, F, and Defendant C as his inheritor. On December 5, 2019, E and F were adjudicated by the Seoul Family Court on acceptance of the declaration of renunciation of inheritance (2019No. 6906), and Defendant C was tried on acceptance of the declaration of qualified acceptance by the Seoul Family Court on December 17, 2019, and Defendant C was tried on acceptance of the declaration of qualified acceptance by the Seoul Family Court.

(2019-Ma6905). Defendant B: (a) the assertion of confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant C: The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff 49,818,000 won and damages for delay calculated at the rate of 18% per annum from December 3, 1999 to the date of full payment. Defendant C is jointly and severally liable with Defendant B to pay the above money within the scope of the property inherited from the Deceased.

B. Defendant C’s assertion and judgment alleged to the effect that his obligation to the Plaintiff is exempted because he did not have any inherited property from the deceased. However, the qualified acceptance of inheritance is not limited to the existence of the obligation, but merely limited to the scope of liability. Thus, if the qualified acceptance of inheritance is recognized, it is recognized that there exists an inherited obligation even in cases where the qualified acceptance of inheritance is recognized, the court shall have no inherited property or inherited property.