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(영문) 광주지방법원순천지원 2016.07.07 2016가단5522

대여금

Text

1. The defendant shall not exceed 34,500,000 won and KRW 10,500,000 among them to the plaintiff within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. On April 28, 2006, the Plaintiff sought each loan from the deceased B (hereinafter “the deceased”) and received 10.5% interest per annum from April 7, 2005 to June 11, 2005, 18% interest per annum from the next day to May 4, 2006, 2006 to 20.5% interest per annum from 205% interest per annum from the next day to 205% interest per annum from the above court to 205% interest per annum from September 15, 2005 to 30.4% interest per annum from 205% interest per annum from the next day to 30.5% interest per annum from the above court to 40.5% interest per annum from 206da1547 to the date of complete payment.”

B. On June 29, 2015, the Deceased died, and the Defendant, a child of the Deceased, inherited the deceased’s obligation solely due to his renunciation of inheritance by C, a wife of the Deceased.

C. On September 2, 2015, the Defendant was rendered a ruling on the approval of succession to the Gwangju Family Court’s 2015-Madan712.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant, the inheritor of the deceased, is obligated to repay the plaintiff's obligations to the plaintiff within the scope of the property inherited from the deceased.

Therefore, within the scope of the property inherited from the deceased, the defendant 34,50,000 won (=10,50,000 won ② ② 4,500,000 won ③ and 10,50,000 won among them, 10.5% per annum from April 7, 2005 to June 11, 2005; 18% per annum from the next day to May 4, 2006; and 20% per annum from the next day to the day of full payment.