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(영문) 수원지방법원안양지원 2016.03.31 2015가단15595

상속채무금

Text

1. The defendant shall not exceed KRW 50,420,424 and KRW 46,179,506 among them to the plaintiff within the scope of the property inherited from the deceased B.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, Eul entered into an agreement with the plaintiff to join credit card holders and used the credit card issued by the plaintiff. As of September 14, 2015, Eul's credit card loans to the plaintiff as of September 14, 2015 were the principal amount of 46,179,506 won, fees 3,656,259 won, late payment fees 584,659, Eul died on March 26, 2015, and Eul died as the deceased's heir of the deceased's property, the defendant and his children were C and D. However, the defendant's report on the succession approval was accepted on April 30, 2015 as the Suwon Branch of the Suwon District Court was accepted on April 30, 2015, and the report on the refusal of succession was accepted on April 30, 2015.

Therefore, within the scope of the property inherited from the deceased B, the defendant is obligated to pay to the plaintiff the total amount of 50,420,424 won (=46,179,506 won 3,656,259 won) and damages for delay calculated at the rate of 29.9% per annum from September 15, 2015 to the date of full payment (29.9% per annum from September 15, 2015) with respect to the loan principal of 46,179,506 won. Thus, the plaintiff's claim is justified, and it is so decided as per Disposition.