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1. The defendant shall not exceed KRW 51,824,549 within the scope of the property inherited from the deceased B, and KRW 45,49,880 among them.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a loan agreement with B as described below (hereinafter “instant loan agreement”) and paid the loan.
On June 30, 2008, June 30, 2015, the loan amount of loan No. 1 KB Credit Rating loan No. 20,000,000 on the date of expiration of the loan period. The loan amount of loan No. 30,000,000 won on June 1, 2013.
According to the basic terms and conditions of bank credit transactions incorporated into the terms and conditions of the contract at the time of the instant loan agreement, where B loses the benefit of the term or delays in payment of the loan, it shall pay damages for delay at the interest rate determined by the Plaintiff
C. B lost the benefit of time by delaying the implementation of the instant loan agreement, and on November 13, 2015, the unpaid principal and interest obligation as of November 13, 2015 are as listed below.
Serial Interest Rate 14.91% of the interest accrued prior to the incorporation of the balance of the agreed interest rates, 20,00,000 won 1,850,255,958 won 885,603 won 23,146,816 won 25,49,880 won 2,653,883 won 523,970 won in total 28,67,7733 won in total 45,49,79,80 won in 45,49,504,138 won in total 934,928 won in total 51,824,549 won in loans 28,603 won in total.
D. B died on December 5, 2014, and at the time of death, there was C, D, and E, the husband of the Defendant and his children.
E. On February 27, 2015, on May 8, 2015, the deceased’s children reported renunciation of inheritance (Seoul Family Court 2015 Madan1940), and on May 8, 2015, the above report was accepted. The Defendant, the husband, filed a qualified acceptance report (Seoul Family Court 2015 Madan1939), and the above report was accepted on May 1, 2015.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings
2. The Defendant, who is the sole heir of the Deceased, is obligated to pay to the Plaintiff the sum of the principal and interest as of November 13, 2015, totaling KRW 51,824,549 as of November 13, 2015, and delay damages calculated at the rate of 15% per annum as of November 14, 2015, as of the principal and interest of KRW 45,49,880 as of November 14, 2015.