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The defendant shall not exceed 47,619,145 won and 45,000 among them to the plaintiff within the extent of the property inherited from deceased C (D).
Reasons
1. Basic facts
A. On May 11, 2017, the net C (hereinafter referred to as “the deceased”) obtained a loan by setting the amount of KRW 45,00,000 from the Plaintiff as 6.26% per annum for interest, overdue interest as 9.26% per annum, and the due date for repayment on May 10, 2019, with the repayment of the principal and interest at one time, as the repayment of the principal and interest would lose the benefit of the due date.
B. However, the Deceased lost the benefit of time by delaying the payment of the agreed principal and interest of the above loan, and as of January 6, 2020, the amount of the unpaid principal and interest of the above loan is KRW 45,00,000, and the unpaid interest and interest interest are KRW 2,619,145.
C. The Deceased died on April 12, 2019, and the Deceased’s heir is the Defendant, his child E, and F.
The Seoul Family Court accepted each of the Defendant’s reports on the renunciation of inheritance by E and F as of September 23, 2019, No. 2019-Ma52469, and the Defendant’s reports on the renunciation of inheritance by October 10, 2019.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings
2. According to the above facts of determination, the Defendant, the inheritor of the deceased, is obligated to pay to the Plaintiff 47,619,145 won in total (2,619,145 won in total, including interest on the unpaid principal of KRW 45,00,000,00 in unpaid principal and interest on the unpaid principal of KRW 45,000 in unpaid principal) within the scope of the property inherited from the deceased, and to pay damages for delay calculated at the rate of 9.26% per annum per annum from January 7, 2020 to September 8, 2020, where a duplicate of the application form for change of the purport of the instant claim and the cause of the claim were served until September 11, 2020, and from the next day to the date of full payment, 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.