beta
(영문) 창원지방법원통영지원 2017.08.22 2016가단7752

상속채무금

Text

1. The defendant shall pay to the plaintiff KRW 895,211,141 and KRW 184,064,885 among them, from October 19, 2016 to the date of full payment.

Reasons

1. The Plaintiff filed a lawsuit against B seeking the return of the loan with the Changwon District Court Tongwon Branch 98Gadan3923 on October 2, 1998, and on October 2, 1998, “B” as to the Plaintiff’s KRW 200,000,000 and the amount of KRW 18% per annum from November 14, 1996 to January 2, 1998, and the same year from the following day.

3.To the 17.17., 24% per annum and 25% per annum from the following day to the date of full payment.

"The facts that the judgment became final and conclusive, B died on January 14, 199. At the time of B's death, B was the Defendant and his child, but C had been accepted on March 17, 199 as the Busan District Court's branch branch of the Dong branch of the Busan District Court. On November 9, 2006, the Plaintiff received a partial repayment of the principal and interest under the above judgment in the auction of D's real estate rental, and as of October 18, 2016, the remainder of the principal and interest under the above judgment remains 184,064,885 won, 363,894, 521 won, overdue interest, 347, 251,735 won under Article 150 (3) of the Civil Procedure Act.

According to the above facts, the Defendant, the heir of the deceased B, is obligated to pay to the Plaintiff the principal amounting to KRW 895,211,141 (=the principal amounting to KRW 184,064,885; KRW 363,894,521 interest at KRW 347,251,735); and the principal amounting to KRW 184,064,885, which is calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 19, 2016 to the date of full payment.

(Plaintiff filed a claim for the payment of damages for delay from October 18, 2016, but it is reasonable to dismiss the portion exceeding the above recognized portion in light of the facts acknowledged earlier. Meanwhile, the fact that the Plaintiff filed an application for the payment order on November 2, 2016 for the extension of the extinctive prescription period of the claim pursuant to the above judgment is apparent in the record, since it is obvious that the Plaintiff has a legal interest in the lawsuit.

2. The plaintiff's claim for the conclusion is the scope of the above recognition.