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1. Revocation of the first instance judgment.
The defendant shall, within the scope of the property inherited from the deceased B, be entitled to the plaintiff on 662.
Reasons
1. Facts of recognition;
A. On February 10, 201, D Co., Ltd. loaned 2,000,000 won at the interest rate of 44% per annum, and during the 27-month period, 7th day of each month in equal repayment.
B. On March 8, 2016, D Co., Ltd. transferred each of the principal and interest of loans to E, and to the Plaintiff on April 20, 2016, and each transferor notified B of the transfer.
C. B was killed on July 29, 2019 (hereinafter “the deceased”), and at the time of the death, the deceased’s property heir F and G was the wife of the Defendant and his/her child at the time of the death. However, among the above property inheritors, his/her children filed a report of renunciation of inheritance with the District Court 2019Ra1743, and was tried on December 27, 2019 to accept it from the above court on December 27, 2019. The Defendant filed a report of refusal of inheritance under the above court 2019Ra1744, and received a judgment from the above court on January 14, 2020, and each of the above judgments became final and conclusive around that time.
D. The balance of the principal and interest of this case as of March 28, 2016 is KRW 334,424 and interest KRW 328,042.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. According to the above facts of determination, the defendant shall pay to the plaintiff within the scope of the property inherited from the deceased (the above 334,424 won and 328,042 won) and the principal 334,424 won among them, calculated at the rate of 12% per annum within the limit of 15% per annum under Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 26, 2018 to the date of complete payment, which is the day following the day when a copy of the complaint of this case was served to the defendant. Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2(1) of the Addenda to the Regulations on Legal Rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. (amended by Presidential Decree No. 29768, May 21, 2019).