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(영문) 인천지방법원 부천지원 2018.06.14 2018가단104278
상속채무금 청구의 소
Text

1. The defendant shall not exceed KRW 4,791,203 and KRW 3,634,389 among them within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. On April 23, 2014, the net B borrowed KRW 20,000,000 from the Plaintiff as the loan period of 36 months, interest rate of 21.9% per annum, equal repayment per month, and delay damages rate of 29% per annum.

The loan balance is KRW 4,791,203, including the principal amount of KRW 3,634,389 as of March 13, 2018.

B. The deceased on January 3, 2017 and the deceased’s heir C, who is the Defendant and his/her spouse, was determined as the inheritor. On March 30, 2017, C filed a report of renunciation of inheritance on March 19, 2017 and received a report of renunciation of inheritance on June 19, 2017. On March 30, 2017, the Defendant filed a report of renunciation of inheritance with the Incheon District Court’s Branch Branch Decision 2017Ra308, which received the report of qualified acceptance of inheritance on June 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the determination and conclusion, the Defendant, the heir of the deceased B, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29% per annum, which is the agreement, for KRW 4,791,203 and the principal of the loan, from March 14, 2018 to the date of full payment, with respect to KRW 3,634,389 within the scope of the property inherited from the deceased B.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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