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(영문) 대전지방법원천안지원 2017.11.15 2015가단17155

대여금

Text

1. The Plaintiff:

A. As to Defendant A and E: (a) KRW 8,518,332 and KRW 8,338,472 of each of them:

B. Defendants B, C, and D respectively.

Reasons

1. Facts of recognition;

A. On September 4, 2014, the Plaintiff entered into a loan agreement with the net F, with the amount of 50,000,000 won, the loan period of 60 months, the overdue interest rate of 25% per annum.

(hereinafter “instant loan agreement”). (b)

The F died on July 10, 2015, and the repayment of the principal and interest of the loan under the loan contract of this case was delayed around that time.

The balance of the principal and interest of loans as of October 12, 2015 is KRW 42,591,660 (= principal principal amount of KRW 41,692,360).

C. A lineal descendant G, who is the first heir of F, was tried to accept a report of renunciation of inheritance (the Daejeon Family Court Branch of the Daejeon Family Court Decision 2015Ra1001), and the lower-ranking brothers and sisters were the Defendants, and Defendant B, C, and D was tried to accept a report of refusal of inheritance.

(Reasons for Recognition) The facts of absence of dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendants, as co-inheritors of the deceased F, are obligated to pay damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate, from October 13, 2015 to the day of full payment, to the day of full payment, with respect to the principal and interest of the loan amount of KRW 8,518,332 (=42,591,60) under the loan agreement of this case and the principal amount of KRW 8,338,472 (=41,692,360,360 x 1/5).

3. In conclusion, the plaintiff's respective claims against the defendants are justified, and it is so decided as per Disposition.