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(영문) 서울중앙지방법원 2017.03.29 2016가단93905

대여금

Text

1. The Plaintiff:

A. Defendant A is entitled to KRW 13,634,191 within the scope of property inherited from the network D and KRW 12,857.

Reasons

1. Facts of recognition;

A. On January 6, 2015, the Plaintiff loaned KRW 30,000,00 to D for a loan period of one year. D delayed repayment of the loan. On July 26, 2016, the total amount of interest and interest on the loan in arrears by D as of July 26, 2016 is KRW 31,813,114 ( principal, KRW 30,000, KRW 1,813,114, and KRW 15% per annum).

B. D’s death on March 1, 2016. The deceased’s heir E, and F’s heir on May 11, 2016. The judgment was rendered to accept the renunciation of inheritance under the Suwon District Court’s Ansan Branch 2016Mo305, Jun. 11, 2016, and the Defendant A was rendered a judgment to accept the inheritance limited approval on May 31, 2016 by the Suwon District Court’s Ansan Branch 2016Mo390.

On the other hand, as a child of the deceased renounces inheritance, the father of the deceased, the father of the deceased, the mother of the deceased, and the defendant C became the defendant A and the co-inheritors.

[Ground for Recognition] Defendant B and C: The fact that there is no dispute over Defendant A, the entry of evidence No. 1-3, and evidence No. 2, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant A is liable to the Plaintiff for delay calculated at the rate of 15% per annum from July 27, 2016 to the date of the calculation (3/7 of inheritance x inheritance 31,813,114 x inheritance 3/7 of shares x less than KRW 3/7 of inheritance shares x inheritance x inheritance 3/7 of KRW 30,000 x inheritance share 3/7) with respect to the principal of 12,857,142 (i.e., inheritance x 3/7 of annual interest rate of 15% per annum from July 27, 2016 to the date of additional payment). Defendant B and C are liable to pay damages for delay calculated at the rate of 9,089,461 won per annum from among the principal and interest of loan x 31,813,114 x 2/7 x 207 per annum from the date following the agreement.

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.