대여금
1. The Defendant may, within the scope of the property inherited from the deceased C, set forth in KRW 14,285,714 to the Plaintiff as well as the Plaintiff on August 9, 2019.
1. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 3 (including branch numbers, if any) and the overall purport of the pleadings as to the cause of the claim, the plaintiff lent 50 million won to C on March 21, 2013 as the due date for repayment on December 31, 2014; C shall have succeeded to 3/7 shares of the deceased on July 28, 2016, E and the defendant, who are the inheritor, respectively; D, E and the defendant inherited 2/7 shares of the deceased on October 19, 2016; and the court reported qualified acceptance in relation to inheritance of the deceased deceased's property on March 10, 2017, and each of the above courts accepted the above qualified acceptance on March 10, 2017.
According to the above facts, the defendant is obligated to pay to the plaintiff 14,285,714 won (=50,000,000 won x less than 2/7,000) equivalent to the shares in inheritance out of the above borrowed loan within the scope of inherited property as the heir of the deceased C, and to pay damages for delay calculated at the rate of 12% per annum under the Civil Act from August 9, 2019 to March 31, 2020, which is the date of the decision of this case where it is deemed reasonable to dispute as to the existence and scope of the defendant's obligation to pay to the plaintiff from August 9, 2019 to the date of delivery of the original copy of the payment order of this case.
(2) The Plaintiff’s claim for the performance of an obligation beyond the scope of the property inherited from the deceased C as long as the Defendant’s report on qualified acceptance was accepted. 2. As such, the Plaintiff’s claim is justified within the scope of the above recognition, and thus, the remainder of the claim is dismissed. It is so decided as per Disposition.