beta
(영문) 수원지방법원 2017.12.20 2017가합1274

대여금

Text

1. The Plaintiff:

A. As to KRW 160,93,785 and KRW 26,66,67 among them, Defendant A shall have from March 15, 2017 to May 17, 2017.

Reasons

1. Basic facts

A. On September 27, 2006, the Plaintiff leased KRW 125,342,777 (limited to KRW 400,00,00) to the deceased E (hereinafter “the deceased”) on September 27, 2013, with the due date set at the rate of September 27, 2013, and the rate of interest and interest for delay (the interest rate for the final delay is 15.1% per annum). As of March 14, 2017, the remainder of the deceased’s obligations and interest for the deceased is KRW 356,172,819 in total.

B. On December 20, 2010, the Plaintiff lent KRW 80,000,00 to the Deceased on December 20, 2010, the maturity date of payment of KRW 80,000,00 to December 20, 2013, and the interest and interest rate on delay rate (the final interest rate is 15.1% per annum). As of March 14, 2017, the remainder of the obligation of the Deceased is KRW 126,808,535 in total.

B. The Deceased died on September 20, 2013, and the Defendant A, as the spouse of the Deceased, jointly succeeded to the Deceased as his/her child.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including the number of each branch number)

2. Determination as to the cause of action

A. According to the facts acknowledged earlier, as to the Plaintiff; ① Defendant A: (a) [356,172,819 won + (126,808,535 won) x inheritance share 3/9] and the principal amount of 26,66,67 won (=80,000 won x 3/9 of inheritance share 】 15.1% per annum from March 15, 2017 to May 17, 2017; (b) the annual interest rate of 15% per annum from the following day to the date of the delivery of the original copy of the instant payment order until the date of full payment; (c) the annual interest rate of 107,329,190 [35,176,1788, 2078, 2078, 207, 207, 307, 207, 307, 207, 207, 307, 1975] and 5 of inheritance interest rate of the Plaintiff.