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(영문) 서울중앙지방법원 2018.04.05 2017가단5183787
대여금
Text

1. The Defendants: 33,974,357 won each within the scope of property inherited from the deceased C and 17,942.

Reasons

1. Facts of recognition;

A. On May 3, 2011, the Plaintiff extended a loan of KRW 60,000,000 to C with a maturity of KRW 60,000 on May 3, 2014, at the rate of eight percent per annum of the CD circulation rate for three months, and at the rate of twenty-five percent per annum per annum.

B. C did not repay the loan despite the due date of the above loan, and on August 30, 2017, the balance of the loan as of August 30, 2017 is KRW 67,948,714 (i.e., principal amount of KRW 35,884,340, an attempted interest of KRW 32,064,374, a year within the scope of 25% per annum, a delay interest rate of KRW 32,064,374).

C. Meanwhile, C died on January 25, 2013, and C’s inheritance share ratio as a co-inheritors is 1/2, respectively.

On February 13, 2013, the Defendants filed a petition for an adjudication on the limited acceptance of inheritance with the Sungwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 2013-Ma205, and was tried on the qualified acceptance on February 25, 2013, and the said adjudication became final and conclusive around that time.

[Grounds for Recognition: Evidence No. 1 to 3, Evidence No. 1 to 1, and the purport of the whole pleadings]

2. According to the facts of the above recognition, the Defendants are obligated to pay damages for delay calculated at the rate of 18% per annum as requested by the Plaintiff within the scope of the delayed interest rate from August 31, 2017 to the day of full payment, with respect to the amount of KRW 33,974,357 (=67,948,714 x 1/2) and the amount of KRW 17,942,170 (=35,884,340 x 1/2).

3. The plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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