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(영문) 인천지방법원 2020.11.17 2020나51832
상속채무금
Text

The judgment of the first instance court is modified as follows. A.

The defendants are the scope of the property inherited from the deceased D(E).

Reasons

1. Facts of recognition;

A. The Plaintiff is a credit card company engaged in the issuance, management, etc. of credit cards and its incidental business, and the network D (hereinafter “the network”) obtained and used credit cards by joining the credit card as a member handled by the Plaintiff.

B. As of September 21, 2019, the Deceased did not pay the Plaintiff the total amount of KRW 13,266,261 (i.e., the principal amount of KRW 12,793,957 interest of KRW 472,304).

C. The Deceased died on April 26, 2019, and the Defendants, the parents of the Deceased, inherited the Deceased at the ratio of 1/2 shares.

Meanwhile, on June 21, 2019, the Defendants filed a qualified acceptance report with the Sungnam Family Court Branch 2019Mo636 on July 10, 2019 in relation to the said inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff, in determining the cause of the claim, sought payment of the credit card user’s liability inherited from the deceased according to the Defendants’ inheritance share ratio.

However, according to the above facts of recognition, since the defendants qualified inheritance against the deceased, the defendants are obligated to pay to the plaintiff 6,63,130 won each within the scope of the property inherited from the deceased (i.e., 13,266,261 won x 1/2, and less than won) within the scope of the property inherited from the deceased, and there is no reason for the part in excess of the plaintiff's assertion.

3. If so, the plaintiff's claim of this case should be accepted within the extent of the above recognition, and the remaining claim should be dismissed as it is without merit.

Since the judgment of the court of first instance is partially unfair with different conclusions, the appeal by the Defendants is partially accepted, and the judgment of the court of first instance is modified as above, but the total costs of the lawsuit shall be determined to be borne by each party in consideration of the progress of the lawsuit, etc.

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