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(영문) 서울중앙지방법원 2020.06.18 2019가단53106

대여금 청구의 소

Text

1. The Defendant shall, within the limit of the property inherited from the network D, pay to the Plaintiff KRW 113,469,391, and either of them shall be 107,00.

Reasons

1. Facts of recognition;

A. On September 4, 2009, the network D (hereinafter “the network”) approved that the basic terms and conditions of bank credit transactions apply, and 166,000,000 won was loaned from the Plaintiff as general household loan (E), the expiration date of the loan period was determined on September 4, 2010 (hereinafter “instant loan”); and thereafter, the expiration date of the loan period was changed on September 4, 2019.

B. The Deceased lost its interest due to his failure to repay the principal and interest of this case properly. On November 5, 2019, the amount of KRW 107,00,000 and the total of KRW 113,469,391 as of November 5, 2019 and KRW 113,469,391 were unpaid, and the overdue interest rate applicable to the loan of this case remains 7.498% per annum since the above base date.

C. On January 11, 2019, the Deceased died without being unmarried. The lineal ascendant of the Deceased had already died before the commencement of the above inheritance, and both brothers and sisters renounced inheritance on the deceased’s property.

Accordingly, among collateral blood relatives within the fourth degree of the deceased, the defendant, who was a relative, inherited the deceased's property independently.

(Persons other than the defendant among collateral blood relatives related to the deceased and third degree of relationship were killed before the commencement of the inheritance or renounced the inheritance of the deceased's property).

On October 21, 2019, the Defendant reported the qualified acceptance of the deceased’s property by the Gwangju District Court 2019Ra1620, and the report was accepted on November 23, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1, and 2, the purport of the whole pleadings and arguments

2. Determination

A. According to the above facts, the Defendant, a property heir of the deceased, within the limit of the property inherited from the deceased, shall pay to the Plaintiff the sum of KRW 113,469,391 of the principal and interest of the instant case as of November 5, 2019, and the principal amount of KRW 107,00,000,00 as of November 6, 2019 until May 4, 2020, the delivery date of the application for correction of the indication of the instant parties and for correction of the cause of the claim, as of May 4, 2020.