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(영문) 서울중앙지방법원 2018.04.10 2017가단5057680
양수금
Text

1. The defendant, within the scope of the property inherited from the deceased B, 149,859,285 won and 42,186 won among them.

Reasons

Attached Form

Each fact in the cause of the claim may be acknowledged in accordance with the purport of Gap evidence Nos. 1 through 11 and all pleadings.

According to the above facts, the lawsuit in this case, which was filed for ten (10) years prior to the expiration of the extinctive prescription period of the claim based on the final judgment, has interest in lawsuit for the interruption of extinctive prescription. The defendant, who is a sole heir of the deceased B, is obligated to pay to the plaintiff the amount equivalent to 149,859,285 won of the principal and interest of the loan and 42,186,150 won of the balance of the principal and interest of the loan, calculated at the rate of 15% per annum within the scope of overdue interest rate from March 14, 2017 to the date of full payment. However, since the defendant received a judgment on the approval of the fixed-term repair by inheritance, he is obligated to pay

(A) If there is a limited acceptance, even if the obligation of the inheritee exceeds the value of the inherited property, the inheritor is liable only within the scope of the inherited property for the obligation of the inheritee, and thus the obligee can execute it within the extent of the inherited property, and it cannot be executed for the inherent property of the inheritor). Accordingly, the plaintiff's claim of this case is reasonable, and thus, it is accepted.

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