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(영문) 창원지방법원진주지원 2020.09.15 2020가단2485

선박부품 및 수리대금

Text

The defendant, within the scope of the property inherited from the deceased C, 63,398,988 won and the plaintiff on April 2008.

Reasons

According to the purport of Gap evidence Nos. 1 and 2, the plaintiff's claim for vessel repair and part-price of KRW 63,398,988 against the deceased (hereinafter "the deceased"), the plaintiff filed an application for a payment order against the deceased under the Changwon District Court 2008,237, Jincheon District Court 2008, Jinwon District Court for the payment order, and "the deceased shall pay to the plaintiff 63,398,98 won and damages for delay calculated at the rate of 20% per annum from April 11, 2008 to the day of full payment," and the deceased died after the payment order became final, and the heir D, E, F, and G were deceased, and the inheritor's refusal to waive inheritance (the Changwon District Court 2014Mo474) and the defendant filed a lawsuit for extension of the extinctive prescription of the principal and interest of the claim under the above case.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the above vessel repair and part payment claim of the deceased and damages for delay within the scope of the property inherited from the deceased.

However, according to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29678, May 21, 2019) and Article 2 of the Addenda of the same Act, the statutory interest rate from June 1, 2019 is 12% per annum, and thus, the part seeking more than the above interest rate is rejected.