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1. Within the scope of the property inherited from the deceased E (FF, Death on March 12, 2019), Defendant C shall be within the scope of the property, and Defendant C shall be 26,260.
Reasons
1. Facts of recognition;
A. On January 10, 2019, the Plaintiff loaned 40 million won to E, 36 months of the loan period, 20.9% per annum of the agreed interest rate, and 23.9% per annum of the delayed interest rate (hereinafter “instant loan”).
B. E lost a benefit by failing to perform its obligation to repay the above loan properly, and on July 30, 2019, the principal and interest of the instant loan obligation as of July 30, 2019 constituted KRW 43,768,185 (= Principal and interest at KRW 40,00,000, and KRW 2,038,465 for delay damages at KRW 1,729,720).
C. However, on March 12, 2019, E died, and the heir is Defendant C and C, the wife, and the heir is Defendant D (each inheritance share: Defendant C/5 and Defendant D2/5). The Defendants filed a petition for adjudication on the inheritance limited acceptance with the Suwon Family Court’s Sung-nam Branch Branch 2019 Y2032 on May 23, 2019, and on June 13, 2019, the said court received the adjudication on the acceptance of the report on the qualified acceptance.
[Ground of recognition] Evidence Nos. 1 to 3, Evidence No. 1 to 1, the purport of the whole pleadings
2. According to the determination and conclusion, the Plaintiff is obligated to pay the principal and interest of the instant loan obligations within the scope of property inherited from the network E; Defendant C is obligated to pay the Plaintiff the principal and interest of the instant loan obligations; Defendant C is 26,260,911 (=43,768,185 x 3/5 x 3/5); and to pay damages for delay calculated at the rate of 23.9% per annum from July 31, 2019 to July 31, 2019 to the date of full payment (=40,000,000 x 3/5). Defendant D is obligated to pay damages for delay calculated at the rate of 17,507,274 (=4,768,185 x 43,768,185 x 2/5) as to each of the principal and interest of the instant loan obligations.
Therefore, each of the instant claims against the Defendants against the Plaintiff is justified within the scope of the above recognition, and the remainder of each of the claims is dismissed as it is without merit. It is so decided as per Disposition.