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(영문) 서울중앙지방법원 2015.08.26 2015가단5113548

대여금

Text

1. Within the scope of the property inherited from the deceased C, to the Plaintiff:

A. Defendant A is 82,580,086 won and 44,961.

Reasons

1. Facts of recognition;

A. On August 12, 2009, the Plaintiff extended a loan to C with a maturity of KRW 80 million at 3.45% on August 13, 2010, with a maturity of KRW 80 million at 3.45% on the rate of 8 months CD circulation. On December 16, 2014, the principal and interest of the loan claim as of December 16, 2014, with a maturity of KRW 74,935,861, interest amount of KRW 62,697,615, total of KRW 137,63,476, and delay damages rate of KRW 15% per annum.

B. On February 13, 2010, C died, and there was Defendant A and Defendant B, who is the wife, as his/her wife, as his/her wife, but the Defendant A was accepted by filing a report on the qualified acceptance respectively with the Seoul Family Court 2010-Ma3892, and Defendant B was accepted by the same court 2010-Ma3928, respectively, and D was accepted by filing a report on the renunciation of inheritance with the same court 2010-Ma3929.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1 to 3, the purport of the whole pleadings

2. Conclusion: (a) Defendant A is obligated to pay 82,580,086 won (i.e., 137,63,476 x 3/5) and 44,961,517 won (=74,935,861 won x 3/5) among the Plaintiff’s 82,586 won (i.e., 74,935,961 won) and 55,053,390 won (i.e., 137,63,476 x 2/5) and 29,974,344,344 won among them (i.e., 74,935,861 won x 2/5) from December 17, 2014 to July 15, 2015 (i.e., the filing date of the claim and the application for change of the cause of claim).