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(영문) 서울중앙지방법원 2016.10.11 2016가단5090444
양수금
Text

1. The defendant is within the scope of the property inherited from the deceased B, and KRW 146,595,230 among them and KRW 41,588 among them.

Reasons

Attached Form

The facts as stated in the cause of the claim (However, the part mentioned in the "debtor B" is not in dispute between the parties, or the facts that died on or around November 2008 with only the defendant who is his/her father without any other family member and died on or after November 2008 are recognized by adding the whole purport of the pleadings to the evidence in subparagraph 1, subparagraph 2-1 through 7, subparagraph 3, subparagraph 4, subparagraph 5, and subparagraph 1. Accordingly, as the deceased's heir, the defendant is obligated to pay damages for delay calculated at the rate of 17% per annum from March 14, 2016 to the point of full payment after the base date as to KRW 146,595,230, and the balance of loans in attached Table 146,58,972.

In this regard, the defendant argued to the effect that he cannot respond to the plaintiff's claim on the ground that he admitted the limitation of inheritance from the deceased Eul as the Jinwon District Court Branch 2009Hun-Ma42, but the inheritor who admitted the limited approval shall succeed to the whole of the inheritance obligation, but shall be liable for the repayment only within the scope of the inherited property, not its own property, and even if the defendant approved the limitation of inheritance from the deceased Eul, he shall be liable for the plaintiff to perform the inheritance obligation within the scope of his inherited property. As seen above, in this case where the plaintiff sought the performance of the above obligation against the defendant within the scope of the property inherited from the deceased Eul, the circumstances pointed out by the defendant shall not interfere with the plaintiff's claim.

Therefore, the plaintiff's claim against the defendant shall be accepted, and it is so decided as per Disposition.

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