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(영문) 창원지방법원진주지원 2017.07.18 2017가단32059

양수금

Text

1. The defendant shall be KRW 114,710,368 within the scope of property inherited from the deceased B and KRW 21,114,700 among the above amounts.

Reasons

1. Basic facts

A. On September 2, 1997, the Jinju Agricultural Cooperative offered a loan of KRW 30,000,000 to the network B on December 5, 1997; the interest rate of KRW 13.5% per annum; and the delay interest rate of KRW 19% per annum.

B. On December 20, 201, the Jinju Agricultural Cooperatives transferred the above loans to the Plaintiff against the network B, and notified the Plaintiff of this.

C. The amount of claims against the Plaintiff’s net B is KRW 114,710,368 as of December 27, 2016, the sum of principal KRW 21,114,70 as of December 27, 2016, interest KRW 93,595,668.

The deceased B died on February 20, 2017, and C and D filed a report of renunciation of inheritance, and the Defendant filed a report of refusal of inheritance, and each of the above reports was accepted on May 18, 2017 on May 18, 2017.

(Reasons for Recognition) The facts of absence of dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 114,710,368 won within the scope of the property inherited from the deceased B and 21,114,700 won among them within the scope of the agreed interest rate from December 28, 2016 to the date of full payment, as requested by the plaintiff, 15% per annum, as requested by the plaintiff.

3. The plaintiff's claim of this case is justified.