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(영문) 수원지방법원 2016.02.17 2015가단130140
상속채무금
Text

1. Within the scope of the property inherited from the deceased B, the Defendant KRW 29,014,106 and KRW 22,010,683 among them.

Reasons

1. Facts of recognition;

A. On April 14, 2014, the Plaintiff loaned KRW 17.4% per annum on a loan interest rate of KRW 23 million to B, 29% per annum on a delayed interest rate, and 36 months during the loan period.

B. However, B lost the benefit of time, and calculated as of August 24, 2015, the total amount of principal and interest of interest of 29,014,106 won, the remaining principal and interest of 22,010,683 won, the unpaid interest rate of 3,787,415 won, and damages for delay are 3,216,08 won.

C. Meanwhile, B died on July 21, 2014, and the bereaved family is the Defendant and C, who is his/her spouse, and C, filed a report on the renunciation of inheritance on October 17, 2014 and received the report on November 4, 2014 (C). On October 17, 2014, the Defendant filed a report on the qualified acceptance of inheritance on October 17, 2014, and received a judgment (C, Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2014Mo188).

[Ground of recognition] Facts without dispute, Gap 1-5, Eul 1-2 and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, the heir of the deceased B, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29% per annum, which is the delayed interest rate from August 25, 2015 to the date of full payment, with respect to the principal and interest of KRW 29,014,106 and the remaining principal and interest of KRW 22,010,683 within the scope of the property inherited from the deceased B.

3. In conclusion, the plaintiff's claim against the defendant is reasonable, and it is so decided as per Disposition.

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