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1. The Plaintiff:
A. Defendant A shall not exceed 54,854,528 won within the scope of the property inherited from the deceased C and 40,000 among them.
Reasons
1. Determination as to the Plaintiff’s claim against Defendant A
A. (1) The Plaintiff: (a) on June 5, 2012, the Plaintiff extended a loan of KRW 40 million to C on June 1, 2014 on a yearly rate of KRW 11.5% (hereinafter “instant loan”); (b) as of May 15, 2015, the principal and interest of the instant loan is KRW 54,854,528 in total; and (c) the overdue interest rate of the instant loan is KRW 23.5% per annum.
(2) On the other hand, C (hereinafter “the deceased”) died on October 14, 2013, and Defendant A, the deceased’s heir, was subject to the Seoul Family Court Decision 2013 Dodan10173 on January 20, 2014, which was inherited as the deceased’s heir.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 10 (including each number), the purport of the whole pleadings]
B. According to the above facts of determination, Defendant A is obligated to pay damages for delay calculated at the rate of 23.5%, which is the date following May 16, 2015, from May 16, 2015 to the date of full payment, to the agreed interest rate of 23.5% as to the above principal amount of interest and interest of KRW 54,854,528, and the principal amount of KRW 40,000,000, within the scope of inherited property inherited from the Deceased, since Defendant A inherited the obligation of this case from the Deceased.
2. Determination as to the plaintiff's claim against the defendant B
(a)as shown in the reasons for the attachment of the claim;
B. Since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553) was amended, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was reduced to 20% per annum to 15% per annum, the part that exceeds 15% per annum after the enforcement date of the said provision shall be dismissed.
Article 208(3)3 of the Civil Procedure Act
3. If so, the plaintiff's claim against the defendant A is justified, and the plaintiff's claim against the defendant B is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.