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(영문) 전주지방법원 2015.05.20 2014가단33101
상속채무금
Text

1. The defendant shall not exceed 45,113,580 won and 44,497.

Reasons

1. Facts of recognition;

A. On August 1, 2013, the Plaintiff loaned the net B with a redemption date plus 3.77% per annum on August 1, 2014; the interest rate plus 3.77% per annum on the base rate; and the compensation rate for delay was set at 15% per annum as KRW 50 million.

B. The net B failed to repay part of the above principal and interest by the due date of the reimbursement, and the obligations of the principal amounting to KRW 44,497,916 as of August 20, 2014 and interest KRW 615,664 as of August 20, 2014 remain.

C. The net B died on August 6, 2014.

Accordingly, the net B’s above obligation was inherited to C and D, the wife of the Defendant and his children, but the Defendant, on August 28, 2014, filed a report on the inheritance limited recognition with the Gwangju Family Court 2014-Ma1578 on December 16, 2014. C and D filed a report on the renunciation of inheritance with the Gwangju Family Court 2014-Ma1577 on August 28, 2014 and accepted on December 16, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 17% per annum from August 21, 2014 to the date of full payment with respect to the principal and interest obligation of 45,113,580 won up to August 20, 2014 and the principal amount of 4,497,916 won.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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