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(영문) 대구지방법원 2019.09.06 2019가단5410
대여금
Text

1. The Defendants, within the scope of property inherited from the deceased G, shall not exceed 44,497,668 won and 26,908 among them.

Reasons

1. Basic facts

A. The Plaintiff concluded a loan transaction agreement with the deceased G (Death on April 14, 2014, hereinafter “the deceased”) as follows:

1) On April 30, 2007, KRW 30,000 (interest rate: 3.5% per annum of the base interest rate for CD-by loan, delay compensation rate: 12% per annum, period of loan: extended by April 30, 2014; repayment method: Temporary repayment of the due date: repayment method (hereinafter “instant one loan”) (hereinafter “instant loan”).

(2) 2) The loan of KRW 10,00,000 (interest rate: 3.3% per annum; 12% per annum; the loan period: 12% per annum; the loan period: April 9, 2015; and the repayment method: 3) the ordinary loan of household on February 17, 2011 (hereinafter “instant two loans”) KRW 20,000,000 (interest rate: 3.1% per annum; interest rate of fixed loan; 12% per annum; the loan period: extended until February 23, 2015; and the repayment method is extended by April 9, 201 (hereinafter “instant three loans”).

A person shall be appointed.

B. Under each of the above loan transaction agreements, the Plaintiff implemented a loan of KRW 60,000,000 to the Deceased; thereafter, the Deceased lost profits due to interest, overdue interest, etc.; on March 18, 2019, the amount of the instant loan of the Deceased’s KRW 15,414,568 as of March 18, 201, including principal and interest, KRW 10,000,000; KRW 6,639,768 in total including principal and interest, KRW 20,000 in total; and KRW 13,124,643 in total including interest and interest.

(Total Amount of 35,178,979 Won 53,816,358 in total of the principal of each loan and interest, etc.)

C. As the inheritor of the deceased, the Defendants are children.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants, the deceased’s inheritor, are 8,95,337 won (=total of 53,816,358 won and interest, etc. per total of 35,178,979 won and interest, etc.) under each of the instant loan transaction agreements to the Plaintiff.

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