1. The defendant shall not exceed 34,863,145 won and 34,767.

1. Facts of recognition;

A. (1) On May 21, 2019, the Plaintiff is the deceased C (hereinafter “the deceased”).

(2) However, the Deceased did not repay the above borrowed amount, and the Plaintiff rescinded the said lending contract around December 2019 on the basis of the agreed interest rate of KRW 35,040,000 at the rate of 5.5924 per annum, and damages for delay at the rate of 8.5924 per annum.

3) Meanwhile, as of December 11, 2019, the principal of the above loan that was not paid by the Deceased is KRW 34,767,668 (i.e., the outstanding principal of KRW 33,533,018 (i.e., the outstanding principal of KRW 1,234,650), and interest and delay damages are KRW 95,477 in total. (ii) On September 7, 2019, the Deceased died, and his/her heir is the Defendant, his/her spouse, D, and E.

2) However, on November 28, 2019, the Defendant filed an application for qualified acceptance with respect to the deceased’s property (subsan Family Court 2019sem 3593), and rendered a judgment of qualified acceptance on February 12, 2020. D, E, on November 28, 2019, filed an application for renunciation of inheritance (subsan Family Court 2019sem 3592), and rendered a ruling of acceptance of a declaration of renunciation of inheritance on January 7, 2020. [The fact that there is no ground for recognition, evidence Nos. 1 through 8, evidence Nos. 1 and 2, and the purport of the entire pleadings, the purport of all pleadings, and the purport of all pleadings.

2. The assertion and judgment

A. According to the above facts, the Defendant, the inheritor of the Deceased, is obligated to pay to the Plaintiff the sum of KRW 34,863,145 (=34,767,668 won) and KRW 34,767,668, which is the principal amount, to the Plaintiff within the scope of the property inherited from the Deceased (=34,767,668 won) and to pay interest calculated at the rate of 8.5924% per annum, which is the date following the date of calculating the final damages for delay from December 12, 2019 to the date of full payment.

B. As to this, the Defendant asserted to the effect that the Plaintiff cannot respond to the Plaintiff’s claim since the Defendant filed a petition for bankruptcy on the inherited property of the deceased. However, Article 346 of the Debtor Rehabilitation and Bankruptcy Act provides that “The declaration of bankruptcy on inherited property shall not affect the qualified acceptance.” Thus, the Defendant’s declaration of bankruptcy on the deceased’s property upon the Defendant’