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(영문) 서울중앙지방법원 2018.03.30 2017나38043

대여금

Text

1. The appeal by the defendant (appointed party) and the appointed party is dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.

Reasons

1. Facts of recognition;

A. The Solomon Savings Bank (former trade name: Solomon Savings Bank; hereinafter “ Solomon Savings Bank”) on March 24, 201, extended a loan of KRW 3,000,000 to B on March 21, 2011, with an agreement rate of 32% per annum and 44% per annum on overdue interest rate (hereinafter “instant loan”).

B. B did not repay the remainder after the partial repayment of the instant loan was made, and the remainder of the loan, as of March 7, 2016, is the total amount of KRW 8,335,314 (=principal KRW 2,729,762 + calculated interest + calculated interest KRW 5,59,926 + calculated interest + calculated interest KRW 6,59,926 + failed interest KRW 96,590 - failed interest and KRW 964).

C. Solomon Savings Bank was declared bankrupt on April 30, 2013 by Seoul Rehabilitation Court 2013Hahap46, and the Plaintiff was the trustee in bankruptcy.

B died on August 12, 2011, and the spouse C, children D, and E, the first-class inheritor, filed a report of renunciation of inheritance with the Incheon District Court 201-Ma1912, and the said report was accepted, the Defendant (Appointed Party) who is the third-class inheritor, and the designated person jointly inherited the deceased according to the statutory share of inheritance.

E. Meanwhile, on November 3, 2011, the Defendant (Appointeds) and the appointed parties filed a qualified acceptance report with the Incheon District Court 201-Ma2428 and received the said report (hereinafter “instant qualified acceptance judgment”).

F. On June 9, 2016, the Incheon Family Court revised that the 1/3 share of B among the real estate listed in the attached list in the inherited property list of inherited property subject to the qualified acceptance trial of this case was added to the real estate indicated in the attached list.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant (Appointed Party) and the appointed party shall, within the scope of the property inherited from the Deceased, fully repay to the Plaintiff from March 7, 2016, respectively, KRW 4,167,657 ( KRW 8,335,314 x 1/2) and KRW 1,364,881 ( KRW 2,729,762 x 1/2). < Amended by Act No. 14183, Mar. 7, 2016>