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(영문) 서울중앙지방법원 2017.03.29 2016가단5059467

대여금

Text

1. Within the scope of the property inherited from the network D, to the Plaintiff:

A. Defendant A: 37,195,882 won and 19,600 among them.

Reasons

1. Facts of recognition;

A. On November 4, 2010, the Plaintiff loaned 48,000,000 won to D as of November 4, 2015, and thereafter, D delayed repayment of the above loan. On February 24, 2016, the total amount of the principal and interest of D in arrears is KRW 86,790,392 ( principal and interest of KRW 45,73,948, KRW 41,056,444, and interest rate of overdue interest rate of KRW 18% per annum).

B. On March 16, 2011, D died; D’s children E, the deceased’s inheritor; and F’s children E, the Cheongju District Court 201-Ma275, which accepted the renunciation of inheritance; and Defendant A was tried to accept the approval of inheritance inheritance as Cheongju District Court 201-Ma330.

On the other hand, Defendant B, the father of the deceased, who is the father of the deceased, and Defendant C, the mother of the deceased, who is the father of the deceased, was the defendant A and co-inheritors, but was judged to accept the inheritance-limited approval as the Cheongju District Court Decision 2016Ra3013.

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

2. According to the above findings of determination, Defendant A is obligated to pay to the Plaintiff 37,195,882 won (=86,790,392 won x inheritance share 3/7, less than won; hereinafter the same shall apply) based on the share in inheritance among the principal and interest of loans and to pay damages for delay calculated at the rate of 18% per annum, which is 24,797,254 won per annum from February 25, 2016 to the date the agreed interest rate of 3/7,000 (=45,73,948 won x inheritance share x 3/7), among the principal and interest of loans, to pay damages for delay calculated at the rate of 18% per annum from February 25, 2016 to the date the agreed interest rate of 24,797,254 won (=86,790,392 won x 2/7), and to pay damages for delay to the principal and interest of inheritance 136,2364,27.7

3. Thus, the plaintiff's conclusion is that of this case against the defendants.