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1. The defendant shall not exceed KRW 71,293,651 within the scope of the property inherited from the deceased C and KRW 61,278 among them.
Reasons
1. Basic facts
A. The Plaintiff concluded a loan transaction agreement with the deceased C (Death on October 19, 2017, hereinafter “the deceased”) as follows:
1) Loans of KRW 104,00,000 (interest rate: 4.85% per annum, interest rate: 12% per annum, and interest rate for delay: 12% per annum) on June 29, 2015 (hereinafter “instant loans”).
(2) On June 29, 2015, KRW 30,000 (interest rate: 4.85% per annum, interest rate for delay: 12% per annum) (hereinafter “instant two loans”).
B. In accordance with each of the above loan transaction agreements, the Plaintiff implemented a total of KRW 134,00,000 to the Deceased. Afterward, the Deceased lost its profit as of July 12, 2018 due to interest, interest, overdue interest, etc., and on February 28, 2019, the Deceased’s principal and interest obligation as of February 28, 2019 is as listed below.
[unit: original: 106,440 45,967,3923,163,911,65,65,610 57,893,353 20 11,839,364, 201,7921,359, 14213,400,298 106,4057,406,706,7563,365,70310,014,75271,293,651
C. According to each of the instant lending agreements, the unpaid interest holders as well as the principal of the loan shall be paid damages for delay based on the rate of damages for delay from the date of loss of the due interest to the date of loss of the due date, and damages for delay based on the rate of damages for delay from the day after the substitute payment was made
As the inheritor of the deceased, there are D and E, who are the spouse, and D and E, after the death of the deceased, D and E reported the renunciation of inheritance of the deceased’s property, and the Defendant reported the inheritance limited approval, and each of the above reports was accepted on December 5, 2017.
[Reasons for Recognition] Evidence Nos. 1 through 6, Evidence No. 1, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant, the inheritor of the deceased, within the scope of the property inherited from the deceased, shall be limited to KRW 71,293,651, and KRW 61,278,89, the substitute payment, and the principal of the loan.