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1. The Defendants, within the scope of property inherited from the networkF, shall be limited to KRW 6,631,867, respectively, and KRW 5,400 among them.
Reasons
1. Facts of recognition;
A. On December 5, 2014, the netF obtained a loan of KRW 27 million from the Plaintiff on a 36-month period, interest rate of loan 17.9% per annum, and interest rate of delay 29% per annum, respectively.
B. According to the above loan agreement, if the netF delays payment on more than two consecutive occasions, the benefit of time shall be lost and all remaining obligations shall be immediately repaid.
C. From January 2015 to February 2015, the networkF lost the benefit of time due to the failure to pay monthly payments on two occasions. As of October 19, 2015, the obligations of KRW 27 million, unpaid interest of KRW 3,766,930, compensation for delay, and KRW 33,159,338, in total, of KRW 27 million, unpaid interest of KRW 3,766,930, and compensation for delay, KRW 2,392,408 remain.
As the networkF died on December 22, 2014, the Defendants, their brothers and sisters, were co-inheritors at each ratio of 1/5 shares, and the Defendants were subject to a judgment of limited acceptance inherited around September 30, 2015.
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. According to the facts of the above recognition, since the Defendants, as the deceased F’s heir, have approved the inheritance limit, they are obligated to pay to the Plaintiff the amount calculated by applying the agreed delay rate of 29% per annum to each of the 6,631,867 won (=3,159,38 won x 1/5, and less than won) within the scope of inherited property inherited from the deceased F, and the remaining principal (=27 million won x 1/5) within the scope of inherited property (i.e., the agreed delay rate of 29% per annum from October 20, 2015 to the date of full payment).
3. The plaintiff's claim is accepted on the ground of the reasoning.