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(영문) 서울중앙지방법원 2020.10.15 2020가단5131380

기타(금전)

Text

The Defendants are either KRW 23,931,056 and each of them, within the scope of inherited property inherited from the network D.

Reasons

Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 through 5, ① The deceased died on July 8, 2016 while he was liable to the Plaintiff for unpaid rent, etc. due to the termination of the vehicle lease contract; ② the obligation of unpaid rent, etc. on the networkD as of March 11, 2020 is KRW 47,862,112 (= principal interest rate of KRW 39,641,98,90) and KRW 8,208,90 for overdue interest rate of KRW 8,208,90). ③ The deceased agreed to interest rate of 24% per annum while entering into the vehicle lease contract with the Plaintiff; ④ The Defendants were the parents of the deceased, who were the deceased’s heirs after the death of the deceased, and were inherited to the Busan Family Court by Ordinance No. 3151, Dec. 24, 2016.

According to the above facts, the defendants, the inheritor of the deceased, are liable to pay damages for delay calculated at the rate of 24% per annum from March 12, 2020 to the day of full payment, respectively, as to each of the 19,820,93 won (=39,641,987 won x inheritance share 1/2), within the scope of inherited property inherited from the deceased D from the deceased (i.e., 47,862,112 won x 1/2) and as to each of them (i.e., 39,641,987 won x 1/2 of the inheritance share x less than won).

Therefore, the plaintiff's claim against the defendants of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.