1. The Plaintiff, Defendant B, and Defendant C, and Defendant C, respectively, KRW 42,857,142, and each of them from March 23, 2019.

1. Basic facts

A. On August 25, 2006, the Plaintiff lent KRW 85,000,000 to the network E (hereinafter “the network”), KRW 30,000,000 on November 7, 2007, KRW 10,000 on December 18, 2007, and KRW 25,000,000 on May 14, 2010 to the network E (hereinafter “the network”).

(B) On April 2018, the Deceased’s obligation to the Plaintiff (hereinafter “instant obligation”). Around April 2018, the Deceased drafted a performance agreement stating that “I would settle the Plaintiff’s obligation at a prompt time with respect to KRW 150,00,000,000 borrowed money at the attorney’s expense.”

B. The Deceased died on August 12, 2018 due to a traffic accident. Defendant B’s wife, Defendant C, and D are the children of the Deceased, and the Defendants are the legal successors of the Deceased.

C. On November 1, 2018, Defendant C reported the deceased’s death. D.

On March 19, 2019, the Defendants reported the inheritance limited acceptance of the deceased, and received the adjudication on October 25, 2019 that the report on the qualified acceptance was accepted.

Seoul Family Court Decision 2019Ra50961) / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 5 (including virtual numbers), Eul evidence 1, 2, 8 and 9, and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. The date of the Plaintiff’s report on the approval of the fixed-term inheritance by the Defendants asserted is March 19, 2019, when three months have elapsed since the date of the deceased’s death. The Defendants knew of the existence of the instant obligation against the Plaintiff at the time, and thus, the said approval of the fixed-term inheritance became null and void, and the Defendants should be deemed to have granted the instant obligation simply.

In addition, prior to the above report on qualified acceptance, the Defendants disposed of the inherited property by receiving KRW 150,000,000 from F as the inheritor in the capacity of the deceased. This constitutes a legal simple approval, which is a disposal act on inherited property, under Article 1026 subparagraph 1 of the Civil Act.

B. On December 20, 2018, the Defendants asserted that they were aware of the fact that they exceeded the deceased’s obligation through an inheritor’s inquiry, and reported the inheritance limited acceptance within three months thereafter, and the details of the instant obligation.