1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

The Defendants, from the network E.

1. Facts of recognition;

A. On February 1, 2012, the Plaintiff entered into a monetary loan agreement with the deceased on the terms of lending KRW 30 million to the deceased on April 2, 2012, and then transferred KRW 27 million to the account in the name of F designated by the deceased after deducting KRW 3 million from the interest on the same day.

B. On August 11, 2012, the deceased died, and the deceased’s inheritor was his spouse G and the Defendants, who were his/her spouse G and children. The Defendants were subject to a qualified acceptance trial on the inheritance of the deceased’s property under the Suwon District Court 2018Ra1614 on September 13, 2018.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 1 to 1 evidence, the purport of the whole pleadings

2. In a case where the amount of deduction exceeds the amount calculated according to the maximum interest rate under Article 2(1) of the Interest Limitation Act with the amount actually received by the debtor as the principal, the excess portion shall be deemed appropriated to the principal (Article 3 of the Interest Limitation Act). Meanwhile, the maximum interest rate under the Interest Limitation Act applicable at the time of concluding the said monetary loan contract is 30% per annum pursuant to the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014).

According to the above monetary loan contract, interest 1,372,131 won (27 million won which the deceased actually received) calculated by the ratio of 30% per annum for the period from February 1, 2012 to April 2, 2012, which was 3 million won which the plaintiff deducted in advance as the interest, from February 1, 2012 to April 2, 2012, shall be 1,372,131 won x 62 days x 66 days x 30% (turf below won, hereinafter

[) Excess KRW 1,627,869 (won - KRW 1,372,131) shall be deemed as being appropriated for the original. As such, the remainder of the leased principal of the Plaintiff’s deceased shall be KRW 25,372,131 ( KRW 27 million - KRW 1,627,869). Of them, the Defendants’ share of inheritance is KRW 7,249,180 ( KRW 25,372,131 x 2/7).

Thus, the defendants are within the scope of the property inherited from the deceased.