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1. The defendant shall not exceed KRW 22,943,734 within the scope of the property inherited from the deceased B and KRW 22,620,720 among them.
Reasons
1. Basic facts
A. On July 4, 2013, the Plaintiff loaned 29,100,000 won to B at an annual interest rate of 7.5% per annum, and damages for delay rate of 24% per annum (hereinafter “instant loan”).
B. As of October 8, 2014, the instant loan obligations amounting to KRW 22,943,734, in total, KRW 222,943,734, and KRW 22,944,734, in total, the principal amount of the instant loan obligations is KRW 22,620,720, interest unpaid, KRW 284,61
C. (1) B died on July 22, 2014, and his heir had C, the wife, the Defendant and his child.
(2) The Seoul Family Court (Seoul Family Court 2014 Ma10684) was adjudicated to accept a report to waive the inheritance of the deceased B’s property.
(3) The Defendant was adjudicated by the Seoul Family Court 2014 Madan10683 to accept a report on qualified acceptance in the inheritance of property B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay damages for delay calculated at the rate of 24% per annum from October 9, 2014 to the date of complete payment, as to KRW 22,620,720, and the principal of the loan, within the scope of property inherited from B, as the inheritor of B, within the scope of property inherited from B.
3. Accordingly, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.