(영문) 창원지방법원 2015.03.17 2013나13652

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(영문) 창원지방법원 2015.03.17 2013나13652

대여금

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1.The judgment of the first instance shall be modified as follows:

The Defendant (Appointed Party) and the designated parties are from the network E.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence 1 and 2 and all pleadings:

On August 24, 2009, the Plaintiff loaned 30,000,000 won at an annual interest rate of 6.64%, the due date of repayment on August 24, 2012, and 15.64% per annum (hereinafter “instant loan”). As of May 9, 2013, the sum of interest and delay damages on the instant loan as of May 9, 2013 is KRW 3,961,784.

B. On June 15, 2012, E died (hereinafter “E”), and the deceased’s heir is the Defendant and the designated parties, who are the deceased’s children.

2. According to the above facts finding as to the cause of the claim, the Defendant and the designated parties have a duty to pay damages for delay calculated at the rate of 15.64% per annum under the agreement from May 10, 2013 to the date of full payment, to the Plaintiff, for each of the total amount of 8,490,446 won (=(30,000,000 won 3,961,784 won) x 1/4] and the principal of the loan x 7,500,000 won (=30,000,000 x 1/4) from May 10, 2013 to the date of full payment.

3. Judgment on the defendant's defense

A. The defendant defenses that the defendant and the designated parties were liable to pay the deceased's debts to the extent of the property inherited from the deceased, since the defendant and the designated parties reported the qualified acceptance and accepted the report.

Considering the overall purport of the statements and arguments in Eul evidence Nos. 1 and Eul evidence Nos. 1 and Eul evidence No. 1, the Appointor D may recognize the fact that each qualified acceptance report is accepted on April 26, 2013; the defendant, the Appointor B, and C on June 19, 2013; and the defendant, the Appointor B, and C on July 5, 2013. Accordingly, according to the above facts of recognition, the defendant and the Appointor are so-called in accordance with Article 1019(3) of the Civil Act after three months have passed since they became aware of the commencement of inheritance.

참조조문

-민법 제1019조 제3항

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