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(영문) 전주지방법원군산지원 2019.04.04 2018가단54192
대여금
Text

1. The Plaintiff:

A. As to Defendant C’s KRW 46,129,788 and KRW 40,165,517 among them:

B. Defendant D, E, and F are Nonparty 1.

Reasons

1. Facts of recognition;

A. On November 10, 2015, the Plaintiff lent KRW 150,000,000 to the network H (hereinafter “the network”) on November 9, 2019 due date, KRW 9.9% of the loan interest rate, and KRW 25% of the overdue interest rate. On November 30, 2016, the Plaintiff leased KRW 8.9% of the loan interest rate on November 29, 2019, and KRW 25% of the overdue interest rate.

B. However, the Deceased did not pay the principal and interest of each of the above loans, thereby losing the benefit of February 23, 2018. As of June 27, 2018, the Deceased did not pay the interest of KRW 120,496,50, interest of KRW 4,057,629, interest of KRW 138,389,364.

C. Meanwhile, the Deceased died on August 28, 2017, and the first-class co-inheritors were Defendant D, E, and F, the spouse of the Defendant C, E, and F. However, Defendant D, E, and F were adjudicated to accept the report of special inheritance under the Jeonju District Court’s Military Mountain Branch Branch 2018Ra698 on February 22, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 7, Eul evidence 1 and 2 (including Serial number), the whole purport of the pleadings

2. According to the above facts, Defendant C, the inheritor of the deceased, is liable to pay the Plaintiff the amount of KRW 46,129,788 (in arrears 138,389,364 x 3/9) and 40,165,517 (in relation to the principal amount unpaid 120,496,550 x 3/9) among them (in relation to the principal amount unpaid x 3/90 x 3/9), Defendant D, E, and F are liable to pay the Plaintiff delay damages at the rate of KRW 30,753,192 (in relation to arrears 138,389,364 x 2/9) and 26,77,011 (in relation to the Defendant’s inheritance interest x 120,496,50 x 2/9) among them, according to the Plaintiff’s claim.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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