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1. The plaintiff
A. Defendant C’s KRW 53,108,429 as well as 5% per annum from May 16, 2015 to November 6, 2018.
Reasons
1. Basic facts
A. As between December 23, 2010 and December 30, 2010, the Plaintiff loaned a total of KRW 170,000,000 to D at the rate of 5% per annum without setting the due date.
B. D repaid KRW 108,500,000 as shown in the attached Table from February 25, 2011 to May 15, 2015.
C. D died on July 3, 2016, and Defendant C and B, the spouse, respectively, inherited the deceased’s property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 7, 11, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendants, the heir of the network D, are liable to pay the Plaintiff the unpaid principal of the loan, interest thereon, and delay damages incurred from the date following the date of performance of the claim for performance (the delivery date of the copy of the complaint of this case) within the scope of each inheritance share (Defendant C 3/5 and Defendant B 2/5):
Next, as to the method of appropriation of the unpaid principal of the loan, there was an agreement between the parties as shown in the attached Table on the method of appropriation of the loan amounting to KRW 108,50,000 among the parties, so according to the result of appropriation of the loan according to the above appropriation agreement, the remaining principal of the loan as of May 15, 2015, which is the date of the final payment, remains 88,514,049 as shown in the attached Table.
Therefore, Defendant C is obligated to pay to the Plaintiff KRW 53,108,429 (less than KRW 53,429 for the convenience of calculation), Defendant B is obligated to pay 35,405,619 (less than KRW 35,619 for the convenience of calculation) as well as damages for delay calculated by the rate of 5% per annum pursuant to the agreement from May 16, 2015 to November 6, 2018, which is the day following the date of the final payment, and damages for delay calculated by the rate of 15% per annum pursuant to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
In this regard, the Plaintiff asserted that the Defendants were jointly and severally liable for the entire debt amount of the network D, but the Defendants inherited the deceased’s property within the scope of their respective inheritance shares from the network D.