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1. The defendant shall, within the scope of the property inherited from the deceased B, pay to the plaintiff KRW 24,930,909 and KRW 23,629,963.
Reasons
Facts of recognition
On June 17, 2015, the Plaintiff concluded an automobile installment agreement with the deceased B (the deceased on November 30, 2015; hereinafter “the deceased”) under the following conditions and paid the amount equivalent to the principal to the deceased around that time.
- Principal: 24,700,000 won: overdue interest rate of 5.9% per annum: 24% per annum less than twice in arrears, 25% per annum more than twice in arrears, and the repayment method and repayment method of the principal and interest: When the payment of the principal and interest on installment is delayed on at least two consecutive occasions: when the payment of the principal and interest on installment repayment is delayed on at least two consecutive occasions: when the installment repayment period is at least two months, when the repayment period is delayed for one month from the time of the repayment, when the seizure order or the notification of seizure on the secured property provided by the debtor is sent, or when compulsory execution or disposition on default is commenced by other means, and after the repayment of the deceased’s principal and interest on April 1, 2016, the amount to be paid to the Plaintiff as of April 27, 2016 is as follows:
- Unclaimed Principal (A): 23,629,963 won and interest (B): 670,342 won and interest for delay (C): 248,759 won and interest for delay (D): 381,845 won and interest for delay (E):0 won and total amount (F=B CD E): 24,930,909 won after the death of the deceased, the defendant, who is the spouse, was determined to accept the qualified acceptance trial, and the children renounced their inheritance.
[Ground of recognition] The deceased is liable to pay to the plaintiff 24,930,909 won as agreed amount and damages for delay at an agreed interest rate of 25% per annum from April 28, 2016 to the day of full payment, according to the fact that there is no dispute or significant fact, Gap 1 through 4, and the purport of the entire argument as to the above recognition. The defendant, as a sole heir of the deceased, is liable to pay to the plaintiff 24,930,909 won as agreed amount and damages for delay at an agreed interest rate of 25% per annum from April 28, 2016.
Therefore, the plaintiff's claim is justified.