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1. Within the scope of the property inherited from the network E, Defendant B shall be limited to KRW 14,948,571, Defendant C and Defendant D.
Reasons
1. Basic facts
A. On December 28, 2016, the Plaintiff loaned 50,000,000 won at the interest rate of 50,000 won to E (6.8% per first year, and the interest rate for delay is determined by adding the overdue interest rate to the loan interest rate, but the highest overdue interest rate is within 17.8% per annum) and the due date of repayment on December 2021.
(hereinafter “instant loan”). (b)
As of June 28, 2018, the remaining principal of the Plaintiff’s instant loan to E is KRW 34,880,000, and the delay interest rate and application period are 15.088% per annum (from June 29, 2018 to July 28, 2018) and 17.8% per annum (after July 29, 2018).
C. On July 16, 2018, E died (hereinafter “the deceased”), and Defendant C and Defendant D jointly inherited the deceased, who are the spouse of Defendant B and their children under the law at the time.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
A. According to the determination as to the cause of the Plaintiff’s claim, barring any special circumstance, Defendant B, who inherited the deceased, is obligated to pay to the Plaintiff damages for delay calculated by agreement on the remaining principal of the loan in this case x statutory inheritance 34,880,000 x less than KRW 34,880,00,000 x less than KRW 3/7,000 x the statutory inheritance ; hereinafter the same shall apply), Defendant C and Defendant D, who inherited the deceased 9,965,714 (i.e., the remaining principal of the loan in this case x 34,80,000 x 2/7) and each of the above amounts.
B. As to the Defendants’ defenses, the Defendants asserted to the effect that the Defendants were tried to report the qualified acceptance while inheritance of the deceased’s property. Accordingly, according to the health team, the evidence mentioned above, and the purport of the entire facts and arguments in this court, the Defendants received the report of qualified acceptance at the Ulsan Family Court on November 20, 2018 (2017). Thus, the Defendants are obliged to pay the said money within the scope of the property inherited from the deceased, and the aforementioned defense by the Defendants pointing this out is with merit.