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(영문) 서울중앙지방법원 2019.10.29 2019가단5069342
양수금
Text

1. The defendant shall not exceed 159,376,645 won and 43,632,508 won within the scope of the property inherited from the deceased C.

Reasons

1. Facts of recognition;

A. On April 7, 2009, the Plaintiff received the claim against the deceased C (Death on July 19, 2013) from several financial institutions, and filed a lawsuit against the Plaintiff for the claim for the amount of the transfer money, and sentenced on May 2, 2008, that “C shall pay to the Plaintiff the amount calculated at the rate of 17% per annum for KRW 80,443,646 and KRW 43,632,508 from May 2, 2008 to the date of full payment.”

(Seoul Western District Court 2008da73390). The above judgment became final and conclusive around that time.

The rate of overdue interest on the net C's obligations has been reduced to 17% per annum until December 31, 2016, and 15% per annum until March 26, 2019, which is the base date for calculating the Plaintiff's principal and interest of loans, after January 1, 2017.

As a result, the principal and interest of the above bonds as of March 26, 2019 are as stated in the order.

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription following the interruption of extinctive prescription period of the judgment above.

B. The deceased C died on July 19, 2013, which was before the instant lawsuit was filed, and the heir is the Defendant’s duty.

In 2013, the Defendant filed a report with the Seoul Family Court 2013 Mag-Ma9187 to approve inheritance, and the said report was accepted on December 30, 2013.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including branch numbers in case of each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum, which is the reduction rate of damages for delay or damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the rate of damages for delay reduced from March 27, 2019 to the date of full payment, within the scope of the property inherited from the deceased C, and the principal amount of KRW 43,632,50 of which is the principal.

The defendant has disbursed various expenses in relation to the death of the deceased C, and seems to be doubtful as to what extent the defendant is responsible.

The qualified acceptance of inheritance is not limited to the existence of an obligation, but limited to the scope of liability.

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