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The defendant shall, within the scope of the property inherited from the deceased E (FF), pay to the plaintiff KRW 33,298,889.
Reasons
1. Facts of recognition;
A. On July 7, 2017 and October 20, 2017, the Plaintiff concluded a guarantee insurance contract with respect to loans borrowed from a G association by the deceased (hereinafter “the deceased”), and upon the death of the deceased, paid KRW 3,298,889 in total insurance proceeds upon the request of the G association on November 25, 2019.
B. The Defendant and H inherited the deceased’s parent. ① On February 10, 2020, H accepted the report of renunciation of inheritance of the deceased’s property as the Changwon District Court 2020-Ma10012, and ② on February 10, 2020, the Defendant received the judgment accepting the report of qualified acceptance in the inheritance of the deceased’s property as the Changwon District Court 2020-Ma1014 on February 10, 202.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant, as the inheritor of the deceased, is obligated to pay the Plaintiff the indemnity amount of KRW 33,298,889 within the scope of the property inherited from the deceased, and the damages for delay calculated at the rate of 6% per annum from November 26, 2019 to April 3, 2020, the delivery date of the application for amendment of the purport of the claim as of April 8, 2020, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
B. As to the judgment of the defendant's assertion, the defendant alleged that the plaintiff cannot respond to the plaintiff's claim since he applied for bankruptcy regarding the deceased's inherited property. However, Article 346 of the Debtor Rehabilitation and Bankruptcy Act provides that "the declaration of bankruptcy on inherited property shall not affect the qualified acceptance." Thus, even if the bankruptcy of the deceased's inherited property is declared upon the defendant's request, it does not affect the defendant's above obligation inherited by the qualified acceptance.