The defendant shall not exceed 44,079,627 won and 39.2 of the plaintiff within the scope of the property inherited from the deceased D (Ears and male).

1. Basic facts

A. On July 17, 2015, the deceased D (hereinafter “the deceased”) was loaned KRW 40,000,000 from the Plaintiff at interest rate of KRW 4.69% per annum, interest rate of arrears rate of KRW 6% per annum, and the due date of payment on July 17, 2016.

B. However, the Deceased lost the benefit of time by paying only a part of the principal and interest agreed upon at the maturity date of the above loan. The unpaid principal based on November 5, 2019 was KRW 39,615,424, and the final delay damages were KRW 4,464,203.

C. On January 16, 2018, the Deceased died, and the Deceased’s heir is the Defendant and his child F.

In March 13, 2018, the Incheon Family Court accepted the report of renunciation of inheritance by F as F on March 13, 2018, and the defendant's report of renunciation of inheritance by inheritance by March 15, 2018 as F on March 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, it can be recognized that the deceased borrowed KRW 40 million from the plaintiff and failed to repay part of them. Thus, the defendant, as the only inheritor of the deceased, is liable to pay the principal and interest of the loan and damages for delay on the unpaid principal to the plaintiff, unless there are other special circumstances.

B. The defendant cannot respond to the plaintiff's claim because he received a qualified acceptance in relation to the deceased's inheritance.

It argues to the effect that the details of active property in a qualified acceptance trial are discussed.

As seen earlier, the Defendant received a qualified acceptance in relation to the deceased’s inheritance, but the qualified acceptance in relation to the inheritance is merely limited to the inherited property. However, the court must render a judgment on the performance of the entire inherited property. However, given that the obligation of the inheritor has the nature of not being able to enforce compulsory execution with respect to the inherent property of the inheritor, it can be executed only within the scope of inherited property in the text of the judgment on performance in order to restrict executory power.