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1. Defendant D’s KRW 21,428,571 out of KRW 32,318,043 and the said money to Plaintiff A, respectively, and KRW 21,545,362.
Reasons
1. Determination as to the claim against Defendant D
A. The following facts are deemed to have been led to confession under Article 150(3) and (1) of the Civil Procedure Act:
F on April 10, 2008, the F agreed to pay KRW 50,000,000 to Defendant D for the monthly interest of KRW 400,000 (per annum 9.6%).
(2) On June 3, 2015, the Plaintiff A and C, who are the spouse of the deceased, succeeded to the deceased on the same day, as the Plaintiff A and the deceased’s children on the same day. The Plaintiff B and C, who are the deceased, succeeded to the Plaintiff’s children on the same day.
B. According to the above facts of determination, as of December 10, 2016, the sum of the principal and interest of the Plaintiffs as of December 10, 2016, which were as of the base date for the calculation of interest (i.e., the amount calculated by subtracting the interest amount of KRW 16,200,00,000, which is the total amount of interest of the leased principal from April 10, 2008 to December 10, 2016 (3,167%) by the agreement rate of KRW 41,648,219, which is the total amount of interest (50,000,000 per annum 9.6% per annum x 3,167/365, and under the amount of KRW 16,20,000,000, which is the total amount of interest of the Plaintiffs received from the forest) (i.e., the amount calculated within the scope of KRW 705,707,7508,75,7008).
Therefore, Defendant D: (1) As to Plaintiff A, who succeeded to 3/7 shares of the deceased’s 32,318,043 won (i.e., 75,408,767 won x 3/7 shares) and the leased principal (i.e., 50,000 x 3/7 shares, and (ii) as to Plaintiff B and C, who succeeded to 2/7 shares of the deceased’s 2/7 shares (i.e., 75,408,767 x 2/7 shares) and the leased principal (i.e., 14,285,714 won x 500,000 x 2/77 shares), Defendant D’s 21,545,362 won (i.e., 2/7 shares of the deceased’s son’s son’s son’s son’s son’s son’s son’s son’s x 16.716.16.1,2016.7.