beta
Text
1. The defendant shall not exceed KRW 30,593,083 and KRW 29,000,532 to the plaintiff within the scope of the property inherited from the deceased B.
Reasons
Facts of recognition
A. The Plaintiff bank: (a) determined on March 19, 201 as the maturity date for the instant loan of KRW 20 million (hereinafter “instant loan”) to the network B (hereinafter “the network”); (b) determined as the maturity date for the instant loan of KRW 10 million on June 30, 2015 (hereinafter “instant second loan”); and (c) determined as the maturity date for the instant loan of KRW 10 million on June 30, 2015 (hereinafter “instant loan”); and (d) granted each of the loans on June 30, 2018.
(hereinafter “each of the instant loan agreements”). Each of the instant loan agreements set the interest rate of delay at 15% per annum, and as of May 24, 2016, the principal and interest of the instant loan No. 1 was KRW 21,043,097 (= Principal KRW 20,000,000) (= Principal KRW 1,043,097). The principal and interest of the instant loan No. 2 is KRW 9,549,986 (= Principal KRW 9,549,986).
B. On October 29, 2015, the Deceased died. On January 28, 2016, the Defendant, his father, reported to the Daejeon Family Court’s approval of inheritance under the Daejeon Family Court’s 2016-Mao84 on January 28, 2016, and the said court accepted it on August 24, 2016.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, and the facts of recognition as to the purport of the whole pleadings, barring any special circumstances, the defendant, who is the inheritor of the deceased, is obligated to pay the principal and interest of the loan under each of the loan agreements of this case as inheritance obligations to the plaintiff.
However, the fact that the Defendant filed a report on the approval of the inheritance and accepted the report is as seen earlier, so the Defendant’s liability is limited to the scope of the property inherited from the Deceased, and accordingly, the Defendant is obliged to perform the above obligation within the scope of the inherited property.
Therefore, within the scope of the property inherited from the Deceased, the Defendant calculated the interest rate of KRW 30,593,083 (=21,043,097 Won 9,549,986) and the principal of the loan amount of KRW 29,00,532 (=20,000,000 KRW 9,532) from May 25, 2016 to the date of full payment) by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.