대여금
1. Of the judgment of the court of first instance, each of the judgment against the Defendants is 18.0% within the limit of the property inherited from the network A to the Plaintiff.
1. Determination as to the cause of claim
A. 1) On August 29, 2013, the Plaintiff loaned KRW 27,00,000 to A for a loan period of five years, agreed interest rate of 28.6% per annum, and interest rate of 39% per annum. 2) After the Plaintiff’s failure to repay the principal and interest of the loan to the Plaintiff, the Plaintiff lost the benefit of the period.
3) As of July 7, 2015, A’s loan interest on the Plaintiff as of July 7, 2015 is KRW 36,937,232 (i.e., the principal amount of KRW 25,424,414 and interest KRW 11,512,818). (iv) A died on July 16, 2015, and the heir is the Defendants, the parents of the network A.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendants are obligated to pay damages for delay calculated at the rate of 39% per annum from July 8, 2015 to the date of full payment of the leased principal (i.e., KRW 12,712,207) to the Plaintiff, except in extenuating circumstances, since they succeeded to the obligations of the deceased Plaintiff at the rate of 1/2 of their respective inheritance shares (i.e., KRW 36,937,232) (i.e., KRW 1/2) and each of them (i.e., KRW 25,424,414 x 1/2).
2. Determination on the defendants' defenses regarding qualified acceptance
A. On October 13, 2015, the Defendants filed a report on the qualified acceptance of inheritance to the deceased A with the Suwon District Court’s Ansan Branch 2015-Madan889 on October 13, 2015, and received the said report from the said court on November 27, 2015.
【Reasons for Recognition】 Description of Evidence No. 1
B. The qualified acceptance of inheritance does not limit the existence of an obligation, but merely limits the scope of liability. As long as the qualified acceptance of inheritance is recognized even if the qualified acceptance of inheritance is granted, the court does not have inherited property or lacks the inherited property to pay for the inherited obligation.
Even if a judgment on performance of the whole inheritance obligation is rendered, it shall be declared, but it shall not be enforced against the inherent property of the inheritor.