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1. The defendant,
A. As to KRW 30,00,000 among Plaintiff B and KRW 25,714,286 among them, from December 16, 2014 to March 8, 2018.
Reasons
1. Facts of recognition;
A. The deceased A (hereinafter “the deceased”) leased KRW 60,000,000 to the Defendant on December 15, 2013 as the due date for repayment on December 15, 2014, and the amount of KRW 10,000,000 on January 3, 2014 was set as the monthly interest rate of KRW 3% and the due date for repayment on April 30, 2014.
B. On April 16, 2018, the Deceased died during the instant lawsuit, and the Plaintiff C and D, the deceased’s spouse, inherited the deceased’s property.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]
2. According to the above facts of recognition, the defendant is obligated to pay the sum of KRW 70,000,000 and damages for delay to the plaintiffs, who are the deceased's property successors, in installments according to the plaintiffs' statutory shares in inheritance.
Plaintiff
B Of the above 60,00,000 won x 25,714,286 won x 3/7,000 won x less than 3/7,000 won x 3/7,000 won x 3/7,000 won x 3/7; hereinafter the same shall apply) 4,285,714 (10,000,000 x 3/7) out of the above 60,000 won, Plaintiff C and D succeeded to the above 60,142,857 (60,000,000 x 2/7), 285,140,00 won among the above 10,000 won x 3/7). Plaintiff C and D received the above 60,000 won among the above 60,00,000 won x 10,000 won x 287,1030
Therefore, with respect to the Plaintiff B’s share of 30,000,000 (25,714,286 won 4,285,714 won) and 25,714,286 won among the loans granted by the Plaintiff B, the Defendant is obligated to pay damages for delay calculated at the rate of 30% per annum within the maximum interest rate prescribed by the Interest Limitation Act from May 1, 2014 to the date of payment due until March 8, 2018, which is the day following the date of service of the application for the payment order in this case, 5% per annum prescribed by the Civil Act from December 16, 2014 to March 8, 2018, 15, 4,714 won per annum from the next day to the day of full payment, 4,285,714 won per annum, from May 1, 2014 to the day of full payment, to the maximum interest rate of 30% per annum.