(영문) 부산지방법원동부지원 2020.10.27 2019가단11663

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Reasons

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(영문) 부산지방법원동부지원 2020.10.27 2019가단11663

대여금

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1. The plaintiff within the scope of the property inherited from the non-party E, and the defendant C shall be 66,817,559 won and 60,000 among them.

Reasons

1. Facts of recognition;

A. On November 23, 2018, the Plaintiff offered loans of KRW 100,00,000 as the agreed interest rate of KRW 4.3% per annum, KRW 7.3% per annum, and KRW 1,00,000 on November 23, 2019. As of December 4, 2019, the Plaintiff’s claim for the principal and interest of the loan as of December 4, 2019 (i.e., the principal amount of KRW 100,000,000, and KRW 1,594,863).

B. The Plaintiff supplied a medicine to the Deceased by August 2, 2019, and the claim for the price of the medicine as of December 4, 2019 is KRW 9,767,736.

C. Meanwhile, the Deceased died on August 6, 2019, and there was Defendant C and his/her spouse as his/her inheritor.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 and 4 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, Defendant C, as the inheritor of the deceased, has the obligation to pay the Plaintiff the amount of KRW 66,817,559 [=(101,594,863 won 9,767,736 won) 】 (3/500 of the share of inheritance of the above defendant 】 60,000,000 won (i.e., the loan principal 100,000,000 won x 3/5) 】 44,545,040 won [(101,594,863 won 9,767,736 won) 】 (2/5 of the above defendant’s share of inheritance 】 interest of KRW 40,767,736 won) 】 (i.e., the loan principal of KRW 100,000,000 x damages for delay calculated as 2/5) x 2014.

B. As to the Defendants’ assertion, the Defendants asserted to the effect that the Plaintiff cannot accept the Plaintiff’s claim on the grounds that the Defendants received the declaration of qualified acceptance. (2) The qualified acceptance of inheritance is not limited to the existence of an obligation, but merely limited to the scope of liability. As long as the qualified acceptance of inheritance is recognized even in cases where the qualified acceptance of inheritance is recognized, the court shall render a judgment on the performance of the entire inheritance obligation even if there is no inherited property or the inherited property is insufficient to pay the inherited property. However, the same is applicable.

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