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(영문) 서울중앙지방법원 2015.05.29 2014가단255815

대여금

Text

1. To the extent of the property inherited from the network D, the Plaintiff:

A. Defendant B is 30,000,000 won and 24,000 among them.

Reasons

1. Facts of recognition;

A. On February 2012, the Plaintiff lent KRW 15 million to D as interest-free, and received reimbursement of KRW 5 million thereafter.

B. On August 28, 2013, the Plaintiff lent D KRW 30 million to D, and KRW 50 million on August 29, 2013, and thereafter, D agreed to pay to the Plaintiff the remaining amount of KRW 40 million with interest on KRW 2% per month.

Accordingly, D paid 80,000 won interest to the Plaintiff by September 24, 2014.

C. Around October 30, 2014, D died, and Defendant C, the wife of the network D’s property, inherited 3/5 shares, and 2/5 shares by Defendant C, the child, but the Defendants reported the qualified acceptance of the deceased’s inherited property on February 11, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, significant facts in this court, purport of the whole pleadings

2. According to the above facts of recognition, the Network D bears the obligation to pay the Plaintiff a loan of KRW 50 million and KRW 40 million with interest rate of KRW 24% per annum from October 24, 2014 to the date of full payment.

As to this, the Defendants asserted the qualified acceptance, so it is recognized that the Defendants’ report on the qualified acceptance was accepted as seen earlier. As such, the Defendants are liable for the repayment of the said loan within the scope of property inherited from the network D.

Therefore, the defendants' defense is justified.

Therefore, within the scope of property inherited from the network D, Defendant B, as to loans of KRW 30,00,000 ( KRW 50,000,000 x 3/5) and KRW 24,00,000 ( KRW 40,000,000 x 3/5) among these loans, calculated at the rate of 24% per annum from October 24, 2014 to the date of full payment, with respect to delay damages of KRW 6,00,00 ( KRW 10,000 x 3/5) calculated at the rate of 24% per annum from October 24, 2014 to the date of full payment.