(영문) 대전지방법원 2018.05.03 2017가단26086

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(영문) 대전지방법원 2018.05.03 2017가단26086

상속채무금

Text

1. The Plaintiff:

A. Within the scope of the property inherited from the deceased C, D 23,491,800 won and 10.0

Reasons

1. Facts recognized;

A. On April 19, 2012, the Plaintiff loaned KRW 60 million to F at the rate of interest rate of 21.90% per annum, and monthly equal repayment of principal and interest, and C jointly and severally guaranteed the above loan obligations.

B. As of October 30, 2017, the principal amount of the loan remains in KRW 32,127,440, and the interest and damages for delay incurred KRW 38,347,957.

The rate of delay damages at present is 29% per annum.

C. C: (a) died on July 27, 2013; (b) the heir was the Defendant (Appointed Party) A, Defendant B, and Defendant (Appointed Party) who is the spouse’s spouse D and his/her children; and (c) the designated parties and the Defendant (Appointed Party) A received the report of qualified acceptance.

[Reasons for Recognition: Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings]

2. Determination

A. According to the above facts, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29% per annum from October 31, 2017 to the date of full payment as to KRW 32,127,440 in the balance of principal and damages for delay up to October 30, 2017 as to KRW 15,61,19 in the inheritance share of KRW 2/9 in the amount of KRW 7,139,431 in the amount of KRW 7,139,431 in the amount of KRW 29% per annum.

B. The Plaintiff also sought payment of the principal and interest corresponding to the inheritance shares to the Defendant (Appointed Party) and the designated parties, but the Defendant (Appointed Party) and the designated parties asserted that the qualified acceptance was granted. As such, the aforementioned defense was accepted based on the facts acknowledged earlier.

Therefore, within the scope of the property inherited from the deceased C, the Appointed is obligated to pay to the Plaintiff the amount of KRW 23,491,80, and KRW 10,709,147 of the inheritance shares of KRW 3/9,00, and KRW 15,661,199, and KRW 7,139,431 of the inheritance shares of KRW 2/9, respectively, and KRW 7,139,431 from October 31, 2017 to the day of full payment.

3. Conclusion, the Plaintiff’s claim against the Defendant (Appointed Party) and the designated parties is partly accepted, and the Plaintiff’s claim against the Defendant B.

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