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(영문) 인천지방법원 2020.08.27 2019가단267722

상속채무청구의소

Text

1. The Defendants are either KRW 112,274,426 within the scope of the property inherited from the network E and KRW 111.

Reasons

1. Basic facts

A. On May 15, 2019, the Plaintiff entered into a credit transaction agreement with the net E at KRW 222,00,000 for the lending period of KRW 360,000, and at the interest rate of 4.76% per annum (76% per annum when loss of benefit due was lost).

B. On November 11, 2019, the details of claims that the network E shall bear to the Plaintiff due to the loss of the net E’s maturity interest on the base date are as follows.

(a) Remaining principal: 22,00,000 won: Unpaid interest: 2,547,708 won, 3 damages for delay: 1,144 won;

C. The deceased E died on September 2, 2019, and the Defendants, the deceased’s children, inherited the deceased’s share of inheritance. D.

On November 13, 2019, the Defendants filed a qualified acceptance report on the deceased E’s inherited property, and the Incheon Family Court accepted the said report on December 18, 2019 by the Incheon Family Court Ordinance No. 3355.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts found earlier, the Defendants are obligated to pay to the Plaintiff 112,274,426 won each within the scope of the property inherited from the network E (i.e., KRW 224,548,852 x 1/2) and damages for delay calculated at the rate of 7.76% per annum from November 12, 2019 to the date of full payment, which is the following day of the above base date, to the Plaintiff.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.