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(영문) 대전지방법원 2018.05.30 2017가합1138

대여금

Text

1. The defendant shall within the scope of the property inherited from the deceased C, and KRW 193,403,727 among them, and KRW 21,325 among them.

Reasons

The Plaintiff leased KRW 172,078,253 as shown in the attached Table from February 23, 2011 to November 2, 2016 to the network C (hereinafter “the network”).

In addition, on November 27, 2013, when the deceased borrowed KRW 16,60,000 (interest rate of 6.4% per annum) from Daegu Mutual Savings Bank, the Plaintiff jointly and severally guaranteed the deceased’s debt of KRW 21,325,474 on January 29, 2015.

The Defendant is a legal inheritor who solely inherited the deceased’s wife D and other children E by giving up his/her inheritance. As the deceased died on March 5, 2017, on March 31, 2017, the Daejeon Family Court reported qualified acceptance on June 9, 2017.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 11 and Eul evidence Nos. 1 (including branch numbers) and the purport of the whole argument, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Civil Act from July 1, 2017 to May 30, 2018, and damages for delay calculated at the rate of 193,403,727 won and the amount of 21,325,474 won, which is the amount subrogated by the plaintiff, within the scope of inherited property of the deceased from the deceased, after the date the plaintiff subrogated for the plaintiff. The defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from July 1, 2017 to May 30, 2018, which is 193,403,727 won) of the above amount of money lent to the plaintiff by 193,728,253% per annum from the date of the loan.

In conclusion, the plaintiff's claim is justified within the scope of the above recognition.