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1. Within the scope of the property inherited from the deceased B, the Defendant shall pay KRW 26,960,776 and KRW 24,604,451 among them.
Reasons
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 3, the plaintiff lent 26.3% per annum to B on November 13, 2015, and 34.9% per annum, and Eul died on September 29, 2016, and the deceased died on September 15, 2016. The defendant was adjudicated to accept the qualified acceptance of inheritance inheritance under the Incheon Family Court Decision 2016Ra2763 on December 15, 2016, and C and D received the adjudication to waive inheritance under the Incheon Family Court Decision 2016Ra2762 on October 27, 2016, and the loan obligations of the deceased against the plaintiff were recognized as remaining interest and interest as of October 16, 2016, and the loan obligations of the deceased were extended to the plaintiff from October 26, 2016 to June 26, 2016.
According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 34.9% per annum, which is the agreed damages rate for delay from December 7, 2016 to the date of full payment, as to the principal amount of KRW 26,960,776, and principal amount of KRW 24,604,451, within the scope of the property inherited from the deceased B.
The claim of this case is justified.