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1. The Plaintiff:
A. Defendant B’s 19,714,285 won interest rate of 25% per annum from January 1, 2015 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On April 22, 2014, the Plaintiff drafted an authentic deed of a monetary loan agreement with Defendant B, a joint and several surety, Defendant B, the debtor’s network E, the creditor, the Plaintiff, the loan of KRW 46 million, and the loan date on April 1, 2014; and on April 23, 2014; and on April 23, 2014; and on interest and delay damages at 30% per annum.
B. The Plaintiff filed the instant lawsuit against the deceased E with “46 million won and the amount equivalent to 25% per annum from April 1, 2014 to the date of complete payment.” After becoming aware that the Deceased died on February 24, 2018, the Plaintiff filed an application for rectification of party indication with Defendant B, C, and D, the deceased’s heir.
Defendant B’s husband, Defendant C, and D are the deceased’s children.
C. Meanwhile, Defendant C and D filed an application for qualified acceptance of inheritance with the Incheon Family Court 2018 D's 2466, and received a decision on the qualified acceptance of inheritance from the above court on September 19, 2018.
[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. Claim against the defendant B
A. On April 10, 2018, the Plaintiff stated in the Plaintiff’s complaint that “The Network E shall pay to the Plaintiff interest or delay damages.” However, on June 5, 2018, the Plaintiff amended the purport of the claim that “Defendant B shall pay the Plaintiff interest or delay damages,” with the content of “Defendant B shall pay the KRW 19,714,285, Defendant C, and D, respectively, and interest or delay damages thereon.”
However, on November 2, 2018, the claim amount against Defendant B increased to KRW 46 million on the ground that Defendant B is a joint and several surety.
(and, the claim amount against Defendant C and D increased to KRW 23 million, respectively. However, the lawsuit of this case was brought against the original network E, and the deceased died before the lawsuit was brought, so the indication of the party was corrected as the Defendants, who are the deceased’s heir, and thus, the indication of the party was corrected.