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1. The defendant shall not exceed 64,429,620 won within the scope of the property inherited from the deceased C, and as to this, on January 2019.
Reasons
1. Facts of recognition;
A. On August 30, 2013, the Plaintiff entered into a credit guarantee agreement with the deceased Co., Ltd. (hereinafter “D”) with respect to the obligation to repay the principal and interest of loans, which are to be borne by the deceased in obtaining a loan of employee house lease fund from D Co., Ltd. (hereinafter “D”), and issued a credit guarantee agreement on September 12, 2013.
D E
B. The Deceased was loaned KRW 70,000,000 from D around that time.
C. On January 8, 2019, the Plaintiff paid a total of KRW 64,450,030, the principal amount of KRW 63,000,000, interest amount of KRW 1,450,030, and KRW 64,450,030 on behalf of the Plaintiff upon the Plaintiff’s request for the performance of
According to the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation, the plaintiff was paid damages for delay at the prescribed interest rate (8% per annum) set by the plaintiff from the date of performance to the date of full payment.
E. On April 6, 2018, the Deceased died. As Changwon District Court 2018 Ma10060, his spouse B, on May 29, 2018, filed a declaration of renunciation of inheritance, and the Defendant, his/her child, filed a declaration of qualified acceptance, and was adjudicated by the said court on June 1, 2018 on each renunciation of inheritance and acceptance of a qualified acceptance.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including each number for a tentative number), Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of determination, the defendant, as the heir of the deceased, within the scope of the property inherited from the deceased, and 64,429,620 won remaining excluding the amount of KRW 20,410,00,000 (=64,450,030 - 20,410 won), and as to this, from January 9, 2019 to April 9, 2019, the day following the date of delivery of the application for change of the purport of the claim and the cause of the claim as of April 12, 2019, the agreed interest rate of 8% per annum, and from the next day to the day of full payment, 15% per annum as stipulated under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the date of delivery of the application for change of the cause of the claim.