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1. The Defendants: (a) each of the KRW 7,750,000 and the amount of KRW 5,250,000, within the scope of the property inherited from the networkF to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 26, 1996, the Plaintiff loaned the net F (hereinafter “the net”) KRW 21 million (the repayment period: the rate: 13.5% per annum; 19.5% per annum; 19% per annum; 19% per annum; 19% per annum); and 10 million won on October 18, 1996 (the repayment period: the rate: : 13.5% per annum; 13.5% per annum; 19% per annum); and 31 million per annum (hereinafter “instant loan”).
B. The Deceased died on March 30, 2005, and the Defendants jointly inherited the Deceased’s property at the ratio of 1/4 shares, respectively.
C. On the other hand, on August 1, 2016, the Defendants were tried to accept the report of the inheritance limited recognition as the original state branch of the Chuncheon District Court 2016-Ma318.
[Ground for Recognition: Facts without dispute, entries in Gap evidence Nos. 1 through 5, 7, 11 and 13 (including paper numbers), the purport of the whole pleadings]
2. According to the above facts of determination as to the cause of the claim, the defendants are obligated to pay the plaintiff 7,750,000 won (=31,00,000 won x 1/4) and 5,250,000 won among them (=21,00,000 won x 1/4) to the plaintiff within the scope of the property inherited from the deceased as co-inheritors of the deceased, within the limit of the property inherited from the deceased. As to the above amount (i.e., 21,000 won x 1/4), the agreed interest rate of 13.5% per annum from October 27, 1996 to December 31, 196, the agreed interest rate of 19% per annum from the next day to the date of full payment, 2,500,000 won per annum from October 19, 196 to December 25, 196.
3. Determination as to the Defendants’ assertion of extinctive prescription
A. The Defendants asserted that the statute of limitations expired after the lapse of 10 years from the due date. Thus, the facts that the due date for the instant loan claims was December 25, 1996 and that it was December 31, 1996 are as seen earlier, and it is apparent that the instant lawsuit was filed after the lapse of 10 years thereafter.