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(영문) 서울중앙지방법원 2017.04.27 2016가단5270059
대여금
Text

1. The Defendants, within the scope of property inherited from the network E, shall not exceed 49,585,146 won and 22,834.

Reasons

1. Facts of recognition;

A. From 2004, the Plaintiff has been implementing a corporate ordinary loan to E several times.

The principal and interest of each of the above corporate ordinary loan began to be late from December 15, 2009, and on May 24, 2016, the sum of the principal and interest of E in arrears as of May 24, 2016 is KRW 148,75,440 (the principal and interest of KRW 68,503,715, the principal and interest of KRW 80,251,725, and the interest rate of arrears from February 25, 2015).

B. On September 6, 2009, E died, and the deceased’s heir was the Defendants, who were their children. On November 6, 2009, the Defendants were tried to accept the inheritance limited approval from the Gwangju District Court’s Family Branch Branch of Gwangju District Court to 2009Mo1648.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 6, Gap evidence 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are obligated to pay damages for delay calculated at the rate of 15% per annum, which is the annual interest rate of 15%, from May 24, 2016 to the date following the base date for calculation with respect to each of the principal and interest of loan (148,75,440 won x 1/3 of inheritance shares x less than KRW 1/3 of inheritance shares x less than KRW 22,834,571 of each of them (i.e., KRW 68,503,715 x inheritance shares 1/3 of inheritance shares x 1/3 of the agreed interest rate) to the Plaintiff within the scope of property inherited from the network E.

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.

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