logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.09.01 2016나51747
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The following facts are acknowledged in light of the absence of disputes between the parties to the underlying facts or the overall purport of the pleadings.

A. C A. The deceased on January 27, 2015, and the deceased C (hereinafter “the deceased”)’s heir D, a child, and the second heir, a parent, is the Defendants.

B. On February 26, 2015, before the death of the deceased, the mother of parental authority, who is a legal representative of D, reported the renunciation of inheritance of the deceased’s property on February 26, 2015 by the Changwon District Court’s Tong-won Branch of Seoul District Court. The report was accepted on April 3, 2015.

C. Meanwhile, the Plaintiff filed the instant lawsuit against the Deceased seeking the payment of the loan claim, and thereafter, the Plaintiff followed the procedures for correcting the indication of each party from D, D, and D as the Defendants.

2. Assertion and determination

A. On May 21, 2014, the Plaintiff’s assertion: (a) borrowed KRW 14,50,000 from Hyundai Flap Life Insurance, with the loan period of KRW 48 months; (b) the loan interest rate of KRW 14.9% per annum; and (c) the delay interest rate of KRW 19% per annum when the Plaintiff loses the benefit of time.

On January 29, 2015, Hyundai Flaf Life Insurance transferred the claim against the deceased to the Plaintiff and notified the deceased of the transfer on February 2, 2015.

As of June 10, 2015, loans claim amounting to KRW 13,363,696, interest on unpaid amount of KRW 493,05, interest on delay damages, and KRW 14,645,230, total of KRW 14,645,230.

However, as the deceased died without paying the above loan debts, the Defendants, the inheritor of the deceased, succeeded to 1/2 of the above loan debts of the deceased, which correspond to the inheritance shares.

Therefore, the Defendants are obligated to pay to the Plaintiff each of KRW 7,322,615 as well as KRW 6,681,848 as well as damages for delay calculated at the rate of 19% per annum, which is the agreed damages for delay, from June 11, 2015 to the date of full payment.

B. As seen in the foregoing basic facts, D, a first-class inheritor, renounced the deceased’s inheritance, and the Plaintiff is the second-class inheritor due to the retroactive effect of the renunciation of inheritance.

arrow