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1. Within the scope of the property inherited from the deceased B, the defendant shall be KRW 47,479,844 and KRW 47,00,000 among them.
Reasons
1. Judgment on the plaintiff's claim
(a) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 3, together with the overall purport of the pleadings.
(1) On March 31, 201, the Plaintiff granted a loan to B with a total of KRW 49 million as of March 23, 2016 due date, 4.96% per annum, 12.96% per annum, and the Plaintiff’s credit transaction terms and conditions.
(2) B lost the benefit of time by delaying the payment of the agreed interest.
(3) As of June 9, 2015, B’s principal and interest of loan amounting to KRW 47,479,844 (=interest of KRW 47 million and interest of KRW 396,815 at interest rate of KRW 83,029).
(4) B died on May 1, 2015.
(5) On May 11, 2015, the deceased’s wife C, D, and E filed a declaration of renunciation of inheritance with the Chuncheon District Court 2015Mo245 on May 11, 2015, and on June 3, 2015, the declaration of renunciation of inheritance was accepted.
(6) On July 20, 2015, the Defendant, as the manufacturer of the net B, filed a report on the inheritance limited recognition with the Chuncheon District Court 2015-Ma385, and accepted a report on the inheritance limited recognition on August 10, 2015;
(7) On August 25, 2015, Defendant F, the mother of the deceased B, filed a declaration of renunciation of inheritance with the Chuncheon District Court 2015-Ma451 on August 25, 2015, and the declaration of renunciation of inheritance was accepted on October 13, 2015.
B. According to the above facts of determination, within the scope of the property inherited from the deceased B, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12.96% per annum, which is the delay compensation rate, and 15% per annum, which is the date of service of the application for change of claim purport and the application for change of claim cause, from June 10, 2015 to November 5, 2015, from June 10, 2015 to November 11, 2015, to the date of service of the application for change of claim cause.
2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.