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1. The judgment of the court of first instance is modified as follows.
The defendant shall be within the scope of the property inherited from the deceased A.
Reasons
1. Basic facts
A. On July 27, 2004, the Defendant agreed to KRW 25,964,230 from Samsung Card with the loan period of 63 months, interest rate of 13% per annum (payment of principal and interest equal), and 7% per annum (temporary repayment) and received card loan (hereinafter “the instant loan”) in order to repay the Defendant’s debt owed to Samsung Card Co., Ltd. (hereinafter “Tsung Card”). A jointly and severally guaranteed the Defendant’s loan debt against Samsung Card.
B. On December 3, 2010, the Plaintiff entered into a contract with Samsung Card to acquire assets including the instant loan claims, and notified the Defendant of the assignment of claims on December 22, 2010.
C. The loan of this case remains KRW 19,175,983 (the principal = KRW 5,672,917 + delay damages + KRW 13,503,066) based on August 14, 2017.
A A died on October 6, 2017 in the first instance trial. At the time, at the time, the deceased’s heir was the Defendant, B, C, D, E, and D, who was the grandchildren. However, the remaining inheritors except the Defendant reported the renunciation of inheritance on November 30, 2017 by the Gwangju Family Court No. 2017-Ma3472, and the said report was accepted on January 17, 2018. On December 22, 2017, the Defendant filed a qualified acceptance report with the Gwangju Family Court No. 2017-Ma3499, and accepted the said report on January 17, 2018.
E. The defendant took over the lawsuit of this case against the court below.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1-1, 2, Eul evidence 2-5, the purport of the whole pleadings
2. According to the facts of recognition as to the cause of the claim, the Defendant, the sole heir of the Plaintiff, is the assignee of the instant loan claim, and the Defendant, the transferee of the instant loan claim, is from December 16, 2017, following the date when the duplicate of the instant complaint was served to A, as sought by the Plaintiff, with respect to KRW 19,175,983 within the scope of the property inherited from A, and KRW 5,672,917 within the scope of property inherited from A.