Text
1. The Defendants, to the extent that they were inherited from the network C, shall not exceed KRW 11,093,253, respectively, and Defendant as to the Plaintiff.
Reasons
1. In full view of the facts of recognition and the purport of the evidence Nos. 1 and 2 as well as the whole of the pleadings, the following facts are recognized:
On November 20, 2012, the Plaintiff loaned KRW 136 million to C as collateral a house, but agreed to repay the principal and interest equally for 22% and 19 years after one year grace period.
C proceeds from the auction procedure for the housing secured by delay in the return of the above loan amounting to KRW 22,186,506,06 in total of KRW 21,027,874, such as the principal of the loan and interest.
On the other hand, upon C’s death on February 15, 2013, C succeeded to D, Person E, and F, the wife of D, Person E, and F succeeded to D, E, and F. On April 12, 2013, the said D, E, and F reported renunciation of inheritance to the Ulsan District Court 2013Ra467 on April 24, 2013.
Before the death of the deceased C, the father G and the mother H died, and the deceased C's sibling is the defendant A and B.
In addition, on October 8, 2015, the Defendants filed a qualified acceptance report with the Ulsan District Court 2015Ra1326, and the said report was accepted on October 28, 2015.
Comprehensively taking account of the above facts acknowledged, the net C remains in total of 22,186,506 won with the amount to be repaid to the Plaintiff under the above loan agreement. Since the above D, E, and F, the first heir, renounced inheritance, the second heir, the Defendants, within the scope of the property inherited from the net C, succeeded to 11,093,253 won per half the amount of the above debt within the scope of the property inherited from the net C.
Therefore, within the limit of inheritance from the network C, the Defendants are obligated to pay the Plaintiff damages for delay calculated at the rate of 22% per annum from September 24, 2015 to the date following the delivery of each of 11,093,253 won and the copy of the complaint of this case as the Plaintiff seeks. Defendant B is obligated to pay damages for delay calculated at the rate of 22% per annum as agreed from July 26, 2015 to the date of full payment.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.