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1. The defendant shall not exceed 37,196,686 won and 30,036 won among them to the plaintiff within the scope of property inherited from the deceased C.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff is the deceased C (hereinafter “the deceased”).
(1) The Plaintiff was transferred from the Deceased on December 31, 2015 KRW 270,000,000, KRW 3000 on November 14, 2006, KRW 2000 on a non-loan date as follows. The maturity of KRW 6,090,000 on March 18, 2015: 6,00 on December 31, 2015; 13,60,000 on March 13, 2015; 270,000 on December 31, 2015; 30,000 won on a total of KRW 30,00,000 on December 31, 205;
3) The Deceased died on November 8, 2016, and as his/her inheritor, D and the Defendant, who is his/her spouse, were the deceased’s inheritor, and D and E renounced the deceased’s property inheritance under the Daegu Family Court’s 2017-Madan71 on February 21, 2017. On March 14, 2017, the Defendant was subject to a qualified acceptance trial on the deceased’s property inheritance under the Daegu Family Court’s 2017-Ma238 on March 14, 2017. [based on recognition] Evidence A and 2 (including the number of pages; hereinafter the same shall apply)
written evidence Nos. 1 and 2 and the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is obligated to repay the debt of the deceased to the plaintiff within the scope of the property inherited from the deceased.
Meanwhile, under Articles 477 and 479 of the Civil Act, KRW 2,00,00 paid by the deceased on September 28, 2015, based on the order and method of statutory appropriation of performance under the Civil Act, was 1,746,000 (194 days from March 18, 2015 to September 28, 2015) x 9,000 won per day x 270,000 won per day as the Plaintiff seeks within the scope of the parties agreed upon, and the principal of the loan was 254,00 won as at September 28, 2015, several claims were 1,746,00 won as at the time the loan was repaid, 1,233,45, and 4,500 won as at the time the loan was repaid, and there was no agreement between the repayment period and the repayment period due date of the loan claims.
appropriate for the performance of the obligation.