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1. The Defendant: (a) KRW 34,200,000 to the Plaintiff within the scope of the property inherited from the deceased C; and (b) on the part of the Plaintiff, on January 2016.
Reasons
1. Determination as to the cause of claim
(a)The following facts are not in dispute between the Parties:
1) On February 3, 2015, the Plaintiff and C confirmed that C had a debt of KRW 48 million to the Plaintiff, and agreed to pay that amount in 12 months each month from March 3, 2015 to the Plaintiff in installments. 2) The Plaintiff received KRW 13.8 million from C thereafter.
3) C died on September 2, 2015, and as the first inheritor, D, the Defendant and his/her father, who is his/her wife, has been married. 4) A, who is his/her wife, was accepted by the District Court 2015Ra6178, his/her renunciation of inheritance.
B. According to the above facts of recognition, the Defendant, the sole heir of the deceased C, is obligated to pay to the Plaintiff the amount of KRW 34.2 million agreed upon and the damages for delay calculated by the rate of 15% per annum from December 23, 2016 to the date of complete payment, which is the day following the delivery date of a copy of the application for modification of the purport of the claim and the cause of the claim as of December 7, 2016, as the Plaintiff seeks.
2. The Defendant’s defense is a defense to the effect that the Defendant received an inheritance limited qualification approval. Thus, according to the overall purport of the entry and pleading No. 2, the Defendant is recognized by filing a qualified acceptance report on the inheritance of the deceased C as the Jung-gu District Court Decision 2015Ra6179, Nov. 27, 2015.
According to the above facts, since the defendant's qualified acceptance seems to meet the requirements for qualified acceptance, the defendant is obligated to pay the above money to the plaintiff within the scope of the inherited property from the deceased C, barring any special circumstance.
Therefore, the defendant's defense is justified.
3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.