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(영문) 서울중앙지방법원 2015.07.23 2014가단10449

대여금

Text

1. Within the scope of the property inherited from B to the Plaintiff:

A. Defendant (Appointed Party) and Appointed C are 18,835.

Reasons

On March 18, 2008, the Plaintiff entered into a loan transaction agreement with B (i.e., a company’s general passbook loan, a maximum amount of KRW 53 million) and a loan transaction agreement (i.e., a household general loan, and a loan amount of KRW 162 million) on March 21, 2008 and carried out the loan.

The outstanding amount of debt as of January 9, 2014 is 65,92,760 won in total, 10,836,892 won in the principal of a corporate general passbook loan, 15,880,95 won in delay damages, 39,204,873 won in delay damages, and the later delay interest rate is 17% per annum.

B The heir died on October 13, 2012, and the heir was D, the mother (Appointed Party), the father (Appointed Party C, and the spouse (Appointed Party). They approved the inheritance limited period.

(Haak-gu District Court 2014s-Ma459). [Grounds for recognition] 1-2, Gap evidence 2-1, 2-2-2, 3-2-2, and Eul evidence 2-2, the purport of the whole pleadings and arguments is as follows: within the scope of property inherited from Eul to the plaintiff; the defendant (appointed party) and the appointed party C shall pay 18,835,074 won (65,92,760 x 2/7) among them and 3,096,254 won (10,836,892 x 2/7) among them 3,094 won (10,836,892 x 2/7); 17% per annum from January 10, 2014 to March 24, 2014 to 2014; 206D2614 x 286,294 won per annum x 26365,294.7