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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The deceased G (hereinafter “the deceased”) died on September 20, 2016, and thereafter the deceased’s wife H, E, and I renounced inheritance. Accordingly, the Defendants, who are E’s children, and the J, who are I’s children, filed an appeal with the Defendants, but the appeal was dismissed twice due to their absence on the date of pleading.
The deceased became co-inheritors of this deceased.
B. On January 21, 2014, the Plaintiff leased KRW 30,000,00 to the Deceased at interest rate of 24% per annum, and on January 20, 2017, the period of reimbursement was determined and lent by the Deceased. The Plaintiff was subject to the establishment of a collateral security (hereinafter “instant real estate”).
C. The Plaintiff received dividends of KRW 14,491,724 from the auction procedure of the instant real estate on November 23, 2017 following the deceased’s death.
On August 1, 2018, the Defendants were dismissed on the grounds that the period of the qualified acceptance was elapsed, although the Defendants filed a report on the qualified acceptance with the Jeonju District Court’s Military Accounting Branch (2018-Ma459).
[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 2 through 3 (including Serial number), and the purport of whole pleadings
2. According to the above findings of determination, the Plaintiff asserts to the effect that (i) the principal of the remaining loan 15,508,276 won (i.e., 30,000 won - dividend 14,491,724 won) was appropriated for the principal of the loan; (ii) interest calculated at the rate of 24% per annum from January 22, 2014, the following day of the loan principal amounting to 30,000,000 won until November 23, 2017, and damages for delay calculated at the rate of 27,65,890 won (=30,000,000 x 1,40 x 1,402 x 1,365 x x 1/365 x 1,364 won); (iii) interest remaining after the loan principal 15,508,724 won, and damages for delay calculated at the rate of 14% per annum from 214.