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(영문) 서울중앙지방법원 2017.09.21 2017나9342

대여금

Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

Facts of recognition

On February 24, 2015, the Plaintiff entered into a monetary loan agreement with the deceased G (hereinafter referred to as “the deceased”) whereby KRW 30,000,000 at an interest rate of 10% per annum and due date of payment as of December 31, 2015.

On February 25, 2015, the Plaintiff paid KRW 5,000,000 to the Deceased, KRW 10,000,000 on February 27, 2015, and KRW 15,00,00 on March 3, 2015, respectively.

On October 30, 2015, the deceased died on October 30, 2015, and the inheritor had C, a spouse, and his/her father.

C On January 18, 2016, the Chuncheon District Court filed a declaration of renunciation of inheritance under the Youngcheon District Court's Young-gu 2016 Down-do8, and the said court rendered a judgment to accept the said declaration on March 8, 2016.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 4 through 7, and 8 through 11, and the facts of recognition as to the purport of the whole pleadings, the defendant who was the sole heir of the deceased due to the renunciation of inheritance by the co-inheritors Eul, as to the plaintiff's obligation to the plaintiff, and 18,000,000 won (the amount cited in the judgment of the first instance court) that was sought from the institution of the lawsuit in this case among them, the defendant who was the sole heir of the deceased, was served on the defendant on Nov. 2, 2016, and C on Nov. 3, 2016. The plaintiff made a claim for delay damages calculated at the rate of 15% per annum as of Nov. 3, 2016, which is the last delivery date of the complaint in this case.

Until the date of full payment, interest and delay damages calculated at the rate of 10% per annum under a monetary loan contract, interest and delay damages calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, and interest and delay damages calculated at the rate of 15% per annum from March 4, 2015 to September 21, 2017, which are reasonable for the defendant to dispute as to the existence and scope of obligation, shall be paid from March 4, 2015 to September 21, 2017 and interest and delay damages calculated at the rate of 10% per annum from the next day to the date of full payment.

The conclusion is.