(영문) 광주지방법원 2020.09.01 2019가단544654

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(영문) 광주지방법원 2020.09.01 2019가단544654

대여금

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1. The Defendants are either KRW 59,073,412 as well as KRW 59,073,412 to the extent of the property inherited from the deceased G (H).

Reasons

1. Facts of recognition;

A. On November 19, 2013, the Plaintiff loaned KRW 70 million to the deceased G (hereinafter “the deceased”) at the rate of 48 months, interest rate of 14.9% per annum, and interest rate of 26.9% per annum. The Deceased lost its interest due to delay in repayment of the principal and interest of the loan. As of December 30, 2019, the principal and interest of the loan as of December 30, 2019 are KRW 118,146,824 ( principal and interest of the loan plus KRW 52,397,625 + interest at the rate of 65,749,199).

B. On December 29, 2014, the Deceased died, and on December 29, 2014, the heir E and I reported the renunciation of inheritance to the Gwangju Family Court 2015-Ma3666, and was adjudicated on March 16, 2015 to accept the report of renunciation of inheritance from the above court.

Accordingly, the Defendants, who are the grandchildren and children of the deceased, succeeded to the deceased’s property. The Defendants filed a report on inheritance limited recognition with the Gwangju Family Court Decision 2020Ra3324, and received a judgment from the above court on July 7, 2020 to accept the report on qualified acceptance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. According to the determination as to the cause of the claim, the Defendants who inherited the deceased are liable to pay to the Plaintiff damages for delay calculated at the rate of 26.9% per annum from December 31, 2019 to the date of complete payment, respectively, for each of 59,073,412 won (118,146,824 won x 1/2) and 26,198,812 won (52,397,625 won x 1/25 x less than won) among them, within the scope of the property inherited from the deceased.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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