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(영문) 수원지방법원 성남지원 2018.11.28 2018가단12949
대여금
Text

1. The plaintiff within the scope of the property inherited from the network D, and the defendant A was 25,197,951 won and 18,630.

Reasons

On February 23, 2016, the Plaintiff leased KRW 50 million to the Network D (hereinafter “the Network”) on March 23, 2021, the due date for repayment of KRW 17.1% per annum, overdue interest rate of KRW 27.9% per annum, and monthly interest rate of KRW 15% per annum, and the Plaintiff’s loan (hereinafter “instant loan”). The Plaintiff did not pay the principal and interest of the instant loan at once, thereby making profits arising from the instant loan difficult. As of July 20, 2018, the instant loan principal and interest amount of KRW 58,795,219 (i.e., the principal and interest amount of the loan amount of KRW 43,471,715, interest rate of KRW 15,295, late interest rate of KRW 27,659). The Deceased’s death on January 9, 2017 and the Defendant’s death of KRW 137,2017.

According to the above facts, the Defendants are obligated to pay the principal and interest of this case to the Plaintiff within the scope of the property inherited from the Deceased. As such, Defendant A is obligated to pay 25,197,951 won (=the principal and interest of 58,795,219 won x inheritance shares 3/7) and 18,630,735 won (the principal and interest of the remaining loan x inheritance shares 3/7) among them, Defendant B and C are obligated to pay 16,798,634 won (the principal and interest of the remaining loan x inheritance shares 58,795,219 x inheritance shares 2/7) and 12,420,490 won (the interest rate of the remaining principal and interest of 43,471,715 x inheritance interest rate of 22/7) from July 21, 2018 to the date following the above basic date.

Therefore, the plaintiff's claim against the defendants shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. It is so decided as per Disposition.

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