대여금 청구의 소
1. The defendant shall not exceed 36,431,410 won and 32,00 among them to the plaintiff within the scope of the property inherited from the deceased E.
On December 12, 2016, the Plaintiff leased KRW 32 million to the deceased E (hereinafter “the deceased”) at the maturity of December 20, 2018, at the interest rate of 12.6% per annum, and at the overdue interest rate of 15.6% per annum; the Deceased lost its benefit due to failing to repay the principal and interest under the above lending contract from April 21, 2018; on the other hand, as calculated as of February 21, 2019, the obligation such as principal and interest under the above lending contract was 36,431,410 won in total (i.e., principal interest of KRW 32,00,000, KRW 32,037,760, KRW 1,393,650). The Deceased died on January 7, 2019; Defendant heir, D and 294, respectively, had the intent of refusal of qualified acceptance; and Defendant 1 had the intent of refusal of inheritance among the respective parties.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the total amount of KRW 36,431,410, and the principal amount of KRW 32,00,000,00 within the scope of the property inherited from the deceased under the above lending contract, with delay damages calculated at the rate of 15.6% per annum, which is the interest rate for delay, from February 22, 2019 to the date of full payment, such as final interest, etc.
Then, the plaintiff's claim is justified and it is so decided as per Disposition.
(However, the costs of the lawsuit shall be borne by each party in consideration of all circumstances).