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(영문) 서울중앙지방법원 2018.01.12 2017가단5193753
대여금
Text

1. The defendant shall not exceed 39,367,489 won within the scope of the property inherited from the deceased B, and 25,000 among them.

Reasons

1. Basic facts

A. The Plaintiff loaned money to B (the deceased on December 13, 2016, hereinafter “the deceased”) such as the loan agreement and the details of debts indicated in the separate sheet, and the Deceased did not repay the debts indicated in the same separate sheet.

B. The Defendant solely inherited the deceased’s property, but was tried on March 6, 2017 at the Daegu District Court Kimcheon-si 2017, which was inherited by the deceased Kimcheon-si2.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7 (including Gazy number), Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 31.9% per annum, which is the agreed interest rate for the agreed interest rate of 34.9% per annum from May 12, 2017 to the date of full payment, for the agreed interest rate of 39,367,489 won in total and the principal of the loan, within the scope of the property inherited from the deceased B, and for the amount of 25,000,000 won in total, from May 12, 2017 to the date of full payment.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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