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(영문) 수원지방법원성남지원 2016.04.15 2015가단216931
대여금
Text

1. The Defendants, within the scope of property inherited from the deceased C (Death on March 14, 2010), respectively, 13,122 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 16, 2009, the Plaintiff loaned the net C a loan of KRW 19,700,000 at the rate of 31.00%, overdue interest rate of KRW 43.00, and the loan period of KRW 36 months.

(hereinafter “instant loan”). (b)

The net C died on March 14, 2010 when the instant loan was not repaid, and on July 28, 2015, the principal of the instant loan, which was delayed as of July 28, 2015, was KRW 18,930,069 and interest KRW 7,315,673.

C. The Defendants are parents as the deceased C’s bereaved family members. D.

On April 15, 2010, the Defendants filed an application for the limitation of inheritance with the Defendants, and the said court has the same effect.

6. 22. Acceptance of this

(The Daegu District Court Family Branch 2010sdan965). The Defendants thereafter are the defendants of the same year.

9. On 15. 15. As to the above judgment, the Plaintiff filed an application for correction of the content of adding the Plaintiff’s claim for the loan of this case to the net property of the network C, and the above court decided to grant permission on the 30th of

(Ground for recognition), Gap evidence Nos. 1 through 9, Eul evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings, as a whole, without any dispute.

2. According to the above facts of recognition, the Defendants are obligated to pay damages for delay at the rate of 43% per annum, which is the annual interest rate of 13% from July 29, 2015 to the date of full payment, for each statutory inheritance ratio of 13,122,871 won [the principal = ( principal = 18,930,069 interest 7,315,673 won) x 1/2] and 9,465,034 won among them (= Principal 18,930,069 x 1/2,000 x 1/2).

3. In conclusion, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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