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(영문) 서울남부지방법원 2019.05.21 2018가단21443
대여금
Text

1. The Defendant: (a) KRW 82,408,524 to the Plaintiff within the scope of the property inherited from the network D; and (b) KRW 64,414 to the Plaintiff.

Reasons

On November 6, 2014, the Plaintiff lent KRW 65 million to the deceased D (hereinafter “the deceased”) as of November 6, 2016 on a loan date. The deceased lost the benefit of time due to the delay in paying the principal and interest, and the amount to be paid by the deceased to the Plaintiff was KRW 82,408,524 as of October 16, 2018 ( principal KRW 64,414,906, KRW 2,957,591, overdue interest 15,036,027). Under the loan agreement, the overdue interest rate applied to the above loan claim is KRW 15%, and the deceased died on June 30, 2016, the deceased’s spouse and children were the deceased’s children, and the deceased’s report was made on October 16, 2016 to the deceased’s heir and the deceased’s children, and the deceased’s heir was deemed to have been 15% or 36th of the deceased’s inheritance.

According to the above facts of recognition, the defendant, as the inheritor of the deceased, is obligated to pay to the plaintiff 82,408,524 won within the scope of the property inherited from the deceased and 64,414,906 won with interest rate of 15% per annum, which is the interest rate per annum, from October 17, 2018 to the date of full payment. Thus, the plaintiff's claim of this case is justified, and it is so decided as per Disposition by the application of Article 99 of the Civil Procedure Act with respect to the burden of litigation costs.

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