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(영문) 서울중앙지방법원 2016.10.27 2016가단63515

대여금

Text

1. To the extent of the property inherited from the networkD to the Plaintiff:

A. Defendant A: 37,55,693 won and 23,227.

Reasons

1. Facts of recognition;

A. On September 22, 2009, the Plaintiff entered into a loan transaction agreement with D on a loan limit of KRW 58 million. On May 12, 2016, the Plaintiff’s claim as of May 12, 2016 under the said agreement is KRW 87,629,952, including the Plaintiff’s principal amount of KRW 54,198,027, the agreed interest rate of KRW 121,360, overdue interest of KRW 33,310,565, and the subsequent overdue interest rate of KRW 15% per annum.

B. D died on November 1, 201, and Defendant A, the wife of the Deceased, succeeded to 3/7 shares out of the inherited property, and Defendant B and C, the deceased’s children, respectively, limited to 2/7 shares.

[Ground of recognition] Facts without dispute, Gap 1 through 3, purport of the whole pleadings

2. According to the above facts of determination, the Defendants are obligated to pay the Plaintiff, the obligee under the above loan transaction agreement, the amount of interest and interest on the loan according to each inheritance shares within the scope of the property inherited from the Plaintiff, the obligor, the obligee, under the above loan transaction agreement, and the amount as stated in Paragraph (1) of the Disposition No.1

3. Accordingly, the Plaintiff’s claim against the Defendants is with merit, and it is so decided as per Disposition.