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(영문) 인천지방법원 부천지원 2018.07.26 2018가단1300
대여금
Text

1. The Defendant:33,172,433 won and its weight within the scope of the property inherited from the deceased B to the Plaintiff;

a. 10,796

Reasons

1. On December 12, 116, the balance of the principal in arrears on the first overdue loan (%) interest rate (%) interest rate on the loan date (%) interest rate on the loan period (month) and the first overdue loan period (%) interest rate (%) interest rate (%) interest rate on the overdue loan, the Plaintiff stated on December 14, 196 as 27.6 from the cause of the claim to the 27.6th September 36, 2000, but it is determined to be erroneous in light of the purport of the claim and evidence

17. December 20, 202 10,796,330 July 28, 216. 17,90,000,99 September 36, 2005, 27. 27. 4. 21, 212,059, 2403 October 21, 2015. 16,40,000, 60 on April 60 24, 2417. 210,316,863

A. The net B agreed from the Plaintiff to borrow money as follows and to repay the principal and interest each month equally, and lost the benefit of time by delaying the repayment of the principal and interest.

B. On December 6, 2017, the deceased on December 6, 2017, and the deceased and the deceased’s spouse C and the deceased’s father were the Defendant. However, on December 29, 2017, C filed a report of renunciation of inheritance with the Suwon District Court Decision 2017Ra1552, which was decided to accept the report of renunciation of inheritance on February 8, 2018, and the Defendant filed a report of renunciation of inheritance on March 2, 2018 with the same court 2018Mo278, which was decided to accept the report of qualified acceptance on June 19, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, the purport of the whole pleadings

2. According to the determination and conclusion, the Defendant, the heir of the network B, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 27.9% per annum, which is the agreed rate of 27.9% per annum, from December 21, 2017 to the date of full payment, to the date of full payment, with respect to the amount of KRW 33,172,43 won and the amount of KRW 10,796,330 within the scope of the property inherited from the network B; damages for delay calculated at the rate of 27.9% per annum, which is the agreed rate from December 5, 2017 to the date of full payment; damages for delay calculated at the rate of KRW 12,059,240 per annum; and damages for delay calculated at the rate of 24% per annum, which is the agreed rate of 10,316,863 won from December 5, 2017 to the date of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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