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1. The defendant shall within the limit of the property inherited from the deceased B to the plaintiff, as well as KRW 139,00,000, and as to the above.
Reasons
1. Facts of recognition;
A. The Plaintiff borrowed and repaid money several occasions with the deceased B (hereinafter “the deceased”). On June 13, 2015, the Deceased: (a) the amount borrowed as of June 13, 2015 was KRW 140 million; (b) the amount borrowed as of August 31, 2015 was paid up to August 31, 2015; and (c) the remainder was then paid and delivered to the Plaintiff.
B. On February 20, 2016, the Deceased died. The deceased’s inheritor was the Defendant and his/her children, who are his/her spouse, D, E, and F. On April 27, 2016, the Defendant filed a qualified acceptance report with the decedent on May 20, 2016, and the said report was accepted on May 20, 2016 as Suwon District Court Sungnam Branch 200081, and the other inheritor D, E, and F filed a report to waive the inheritance of the deceased’s property on April 27, 2016, and the said report was accepted on June 10, 2016 as the above Sungnam support 2016dan20080.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 to 8 (including branch numbers), the purport of the whole pleadings
2. According to the above facts of recognition, the deceased's obligation to borrow loans against the plaintiff shall not be succeeded to as a result of the renunciation of inheritance by D, E, and F, and shall be succeeded only to the defendant. Thus, the defendant, as the inheritor of the deceased, is obligated to pay the debt within the scope of the property inherited from the deceased, to the plaintiff as the inheritor of the deceased.
According to the purport of the statement and arguments as to the principal and interest of the borrowed amount that the Defendant is obligated to pay, the deceased may be recognized that he remitted to the Plaintiff on June 14, 2015, which is the day following the date on which the loan certificate of this case was drawn up. Thus, the Defendant did not have any interest agreement on the principal and interest of the borrowed amount of KRW 139,00,000 ( KRW 140,000,000 - KRW 1,000,000,000,000,000 in the loan certificate of this case, and the said one million won shall be appropriated for the repayment of principal) and the period after the maturity.