대여금
1. The Defendant (Appointed Party) on March 33, 333, within the scope of the property inherited from the deceased C (D).
1. On May 2, 2013, the Plaintiff entered into a monetary loan agreement of KRW 100,000 with C on June 30, 2013 and on June 12, 2013, with the interest rate of KRW 12% per annum. The Plaintiff transferred KRW 100,000,000 to the account of H Co., Ltd. on the same day.
C was killed on July 27, 2016 without paying the above loan, and the Defendant (Appointed Party; hereinafter “Defendant”) and his/her children (designated parties; hereinafter “Defendant”), E, F, and G were adjudicated to accept the inheritance limited acceptance on November 17, 2016 by Changwon District Court Decision 2016 Ma10139.
[Ground of recognition] In the absence of dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 6, Eul evidence 10, Eul evidence 1, Eul evidence 2, and the purport of the whole pleadings
2. According to the facts found above, C is obligated to pay to the Plaintiff the above borrowed amount of KRW 100,00,000 and interest thereon. Since C dies and the Defendant succeeded to shares of KRW 3/9, Selection E, F, and G with 2/9, and the Defendant and the aforementioned designated parties agreed to the inheritance-limited partnership, C is obligated to pay to the Plaintiff the interest of KRW 33,33,333 ( KRW 100,000,000 x 3/9,000 x less than KRW 3/9,00), 22,22,222, and 222 ( KRW 100,000 x 2/9,000 x less than KRW 9, and less than KRW 2/9) and the interest rate of KRW 12,00 and delay damages calculated on September 2, 2013 as the Plaintiff sought with respect to each of the above money.
3. The plaintiff's claim for conclusion is justified and acceptable.