beta
(영문) 수원지방법원 2020.05.27 2020가단515479

대여금

Text

1. Defendant (Appointed Party) C, Appointed D, E, F, G, and H shall be within the scope of the property inherited from the deceased I (J).

Reasons

The Plaintiff loaned KRW 39.5 million to I on August 31, 2018 (the agreed delay damages rate shall be 6.1% per annum); the obligation related to loans as of March 11, 2020 shall be the principal amount of KRW 32,081,54; the unpaid interest rate shall be 520,454; the damages for delay shall be 20,262,259. Meanwhile, the Defendants inherited their property upon I’s death; they were subject to adjudication to accept a report of qualified acceptance (the Defendants did not have any dispute, and their claims were rejected within the limit of 2020,500,500,000 won (the purport of the judgment of the Supreme Court 200,500,000 won). Since the Plaintiff sought performance as stated in the purport of the above claim, the Defendants were not obliged to pay the remainder of inherited property to the Plaintiff within the limit of 30% per annum 20,5329,2364,25365).