Inheritance and Succession Attorney | Judgment Dismissing in Full the Claim for an Inherited Debt without an Agreement

The inheritance and succession attorneys of Daeryun Law Firm defended the case through the following key strategies.

First, the inheritance and succession attorney rebutted the point that the plaintiffs were distorting the clients' offer of monetary payment, which the plaintiffs treated as their core basis, into an "acknowledgment of debt."

In addition, the attorney made clear, through specific conversation contents and wording, that the monetary payment offered by the client was not an admission of the existence of a legal debt or a promise to perform it, but merely a conditional settlement offer to bring an end to the family dispute.

In particular, the inheritance and succession attorney argued, on the basis of the defendant's express expression of intention that "if the litigation continues, that amount will not be paid" and the structure of the conditional offer premised on the withdrawal of the lawsuit and the conclusion of the dispute, that the offer could not constitute an acknowledgment of debt under the Civil Act.

Next, with respect to the plaintiffs' argument of "awareness of the agreement" based on parts of the transcript submitted by the plaintiffs, the inheritance and succession attorney clarified, through the overall context of the conversation, that the relevant remarks did not acknowledge the existence of the agreement but merely acknowledged the fact that conversations had been held regarding matters such as past loan issues.

The inheritance and succession attorney, in cooperation with the evidence investigation center, analyzed the flow of the transcript before and after, the purpose of the questions, and the specific circumstances in which the remarks were made, one by one, and pointed out that the plaintiffs were extracting only particular expressions and interpreting them arbitrarily.

In addition, the attorney emphasized that nowhere in the numerous KakaoTalk conversation records continuing from before the dispute arose through afterward was there any content from which the existence of the "debt-bearing agreement" claimed by the plaintiffs could be inferred.

As a result, the court determined that the evidence was insufficient to recognize the existence of the agreement and that the plaintiffs' claim premised on it was without merit, and it dismissed the plaintiffs' claim in full and also ruled that the litigation costs were to be borne by the plaintiffs.

An estate means the entirety of the property, rights, and debts left by the deceased upon death, and inheritance refers to the transfer of such an estate to the heirs in accordance with the law.

However, not all debts are automatically inherited.

For a debt to be recognized as an inherited debt, the following requirements must be satisfied.

• It must be a debt that arose during the deceased's lifetime.
• The claim and debt relationship must be specifically identified.
• Provable evidence must exist.

Throughout the entire process of an inheritance dispute, Daeryun Law Firm provides the following one-stop legal services through the collaboration of legal experts such as inheritance and succession attorneys, tax accountants, the evidence investigation center, and the digital forensics center.

• Preliminary diagnosis of whether inherited debt exists
• Precise analysis of the scope of the estate and debts
• Defense in civil litigation and establishment of strategy
• Comprehensive response to estate division, contributory portion, and special benefit
• Linked advisory on qualified acceptance of inheritance and renunciation of inheritance where necessary
• Designing a structure to prevent the recurrence of disputes after inheritance

If a claim of inherited debt, a dispute over an agreed sum, or a conflict over estate division has arisen, accurately organizing the scope of legal liability through the assistance of an inheritance and succession attorney is the safest response.

If you need help, please proceed with a Daeryun Law Firm 🔗legal consultation reservation.