(영문) 서울중앙지방법원 2019.11.29 2019가단5064903

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(영문) 서울중앙지방법원 2019.11.29 2019가단5064903

양수금

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1. The defendant shall within the scope of the property inherited from the deceased C, KRW 29,640,171 and 5,243 among them.

Reasons

1. Basic facts

A. The Plaintiff acquired each claim (hereinafter “instant claim”) against D Bank, E Card, F Card, and G Company’s net C (hereinafter “the deceased”).

B. On March 23, 2009, the Plaintiff applied for a payment order against the Deceased for the payment of the claim of this case (the Jeju District Court Decision 2009 tea129), and the above court ordered the payment order accepting the Plaintiff’s claim.

The above order was finalized on April 11, 2009 as it is.

C. As of March 20, 2019, the principal and interest of the instant claim as of March 20, 2019 are as listed below, and the overdue interest rate of the instant claim as determined by the Plaintiff is 15% per annum.

D E E FG

D. Meanwhile, the Deceased died on February 27, 2014, and his heir, who is the spouse, is the Defendant and I, J, K, L, and M.

E. Around April 8, 2014, the heir of the deceased, H, I, J, K, L, M, and the Defendant was tried by Jeju District Court 2014Mo208 on the inheritance of the deceased’s property.

[Reasons for Recognition] Unsatisfy Facts, significant facts in this court, Gap evidence Nos. 1, 2, 4, and 8, the purport of the whole pleadings

2. According to the above facts, the deceased is obligated to pay the principal and interest of the claim of this case to the plaintiff. Since the deceased died and the defendant, the inheritor, inherited the above obligation, the defendant is obligated to pay the obligation according to the inherited portion.

Since the Defendant was judged to approve the inheritance of the deceased’s property, the Defendant is obliged to pay the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the overdue interest rate for the period from March 21, 2019 to the day of complete payment, to the day of complete payment, as to the principal of loan 222,30,171 won (the principal and interest of loan x less than KRW 222,301,288 x less than KRW 2/15 in the Defendant’s share of inheritance x less than KRW 5,243,571 (=the principal and interest of loan 39,326,785 x the Defendant’s share of inheritance 2/15 in the Defendant’s share of inheritance).

3. citing the Plaintiff’s claim for conclusion

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