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(영문) 서울남부지방법원 2019.11.13 2019가단9624

대여금

Text

1. The Defendants: 18,151,411 won each within the scope of property inherited from the networkD to the Plaintiff; and 17,551.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 3, the plaintiff loaned 40,000,000 won to the deceased D (hereinafter "the deceased") on June 5, 2018 as 12.9% overdue interest rate, and the deceased lost the benefit of time due to delinquency in payment of the loan around January 7, 2019. The above loan as of May 7, 2019 was 35,102,018, and damages for delay as of May 7, 2019. Meanwhile, the deceased died on January 21, 2019, and the deceased died as his/her heir, and the Defendants were the Defendants, who were the deceased, and received the adjudication on May 31, 2019, respectively. < Amended by Presidential Decree No. 23580, May 21, 2019>

According to the above facts of recognition, the Defendants are obligated to pay damages for delay at the rate of 12.9% per annum, which is the agreed interest rate from May 8, 2019 to the date of full payment, within the scope of the property inherited from the deceased as the inheritor of each deceased (=36,302,82 x 1/2 equity x 1/2 equity) and 17,551,009 won, the principal of which is the principal (=35,102,018 x 1/2 equity) within the scope of the property inherited from the deceased as the inheritor of each deceased. Thus, the Plaintiff’s claim against the Defendants of this case against the Defendants of this case is justified.

(A) Although the Defendant’s defenses regarding limited inheritance, the said defenses shall not be separately determined as long as the Plaintiff accepted the Defendants’ claims and reduced their claims).