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(영문) 서울중앙지방법원 2016.04.25 2015가단193594
할부금융금
Text

1. As to the Plaintiff, Defendant A’s KRW 69,720,181 and KRW 67,493,664 among them, Defendant B and C respectively, and KRW 46,480,120 among them.

Reasons

1. The following facts for the determination of the cause of the claim may be found either in dispute between the parties, or in full view of the purport of the entire pleadings.

In other words, on June 4, 2015 and September 10, 2015, the Plaintiff entered into an installment financing agreement with the network D (Death on October 14, 2015) providing that the installment financing amount of KRW 10 million and KRW 64,845,00, and the repayment period of KRW 18 months and KRW 24 months were 25% per annum when the Plaintiff loses the benefit of time.

After that, the net D has lost the benefit of time due to the overdue payment, and on November 13, 2015, the total lease obligation to be repaid by the network D was the total amount of KRW 162,680,421 (i.e., the principal amount of KRW 157,485,216, the total amount of KRW 2,863,796, the interest of KRW 2,296,400, the advance payment of KRW 35,000.

On the other hand, the defendants, who are the deceased D's successors, were judged to accept the qualified acceptance report on December 15, 2015 in the Suwon District Court's Sung-nam Branch 2015 D's 1492 inheritance limited acceptance case, and became final and conclusive around that time.

Therefore, the Defendants, the heir of the network D, are obligated to pay the Plaintiff money as stated in Paragraph 1 of the Disposition, which was inherited from the network D, according to their inheritance share ratio (Defendant A3/7, Defendant B, and Defendant C 2/7). However, the Defendants’ inheritance limit approval report was accepted. Therefore, the Plaintiff is only entitled to compulsory execution against the Defendants’ claims against the Defendants only against the Defendants’ property inherited from the network D.

2. All of the Plaintiff’s claims are accepted.

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