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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. The deceased C died on February 23, 2014, and the heir is the Defendants, who are lineal ascendants.
B. On August 20, 2012, the network C prepared an application for membership of credit card holders with Hyundai Card Co., Ltd. and used the credit card. On May 31, 2014, the credit card company failed to pay the principal of KRW 703,067 as of May 31, 2014, and the agreed delay interest rate is 27.5% per annum.
C. On May 31, 2014, Hyundai Card Co., Ltd. transferred to the Plaintiff the entire claim for the use of the said card to the Plaintiff, and notified the transfer of the claim around that time.
The principal of the above bonds that the Plaintiff acquired is KRW 703,067, and interest and delay damages until July 7, 2014 are KRW 54,362.
E. On April 21, 2014, the Defendants filed a qualified acceptance report on the deceased C’s inherited property, and on June 27, 2014, the said report was accepted.
(Li-Government District Court 2014 Ra-Ma858). 【Ground for Recognition】 The fact that there is no dispute, Gap evidence 1 through 4, Gap evidence 6, Eul evidence 1 through 5 (including each number of branches), the purport of the whole pleadings.
2. In the death of the network C, the Defendants, the inheritor, inherited the obligations of the network C, one-half of the inheritance shares, and the Defendants, as seen above, are obligated to pay damages for delay calculated at the rate of 27.5% per annum from July 8, 2014, respectively, to the Plaintiff within the scope of the property inherited from the network C, within the scope of the property inherited from the network C. As such, the Defendants are obligated to pay to the Plaintiff damages for delay calculated at the rate of 351,533 won (=703,067 won per annum 703,067 won per annum and delay damages + 54,362 won per annum), the principal of which is 351,533 won per annum from July 8, 2014 to the date of full payment.
3. In conclusion, the plaintiff's claim against the defendants is justified, and the judgment of the court of first instance is just in conclusion, and the defendants' appeal is dismissed in its entirety as it is without merit.