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(영문) 인천지방법원 2016.07.13 2016가단10079
대여금
Text

1. The extent of the property inherited from the deceased B shall not exceed the extent of the property:

A. Defendant C shall be KRW 30,000,000 and this shall apply.

Reasons

The Plaintiff loaned KRW 50 million in total to the net B from July 2014 to August 2015, and the Plaintiff’s death around January 2016, which led to the Defendants’ inheritance of the deceased’s obligations pursuant to each statutory inheritance portion (Defendant C: 3/5, Defendant D:2/5), the fact that the Plaintiff’s acceptance of the report of qualified acceptance was not disputed between the parties, or that the Plaintiff’s acceptance of the report of qualified acceptance was made under Article 2016-Ma597 of the Incheon Family Court, including the above loan’s non-property, did not dispute between the parties, or that the entire purport of the pleading was added to each entry (including the serial number) in the evidence No. 1 to 3.

In light of the above, the Defendants, who qualified the deceased’s inheritance obligations, are obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 15, 2016 to the date of delivery of a copy of the complaint of this case, to the extent of the property inherited from the deceased. Defendant C is obligated to pay damages for delay at the rate of 30 million won out of the above loans, and 20 million won to Defendant D, and each amount.

(A) If the qualified acceptance of an inheritance does not extinguish the obligation itself, it cannot be a ground to dismiss the claim, and the circumstance that the remaining active property, which is the object of inheritance, can be insufficient for the repayment of the inheritance obligation, also affect the conclusion of a judgment of performance that limits the executory power to the extent of inherited property. Thus, the plaintiff's claim is justified, and it is so decided as per Disposition.

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