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(영문) 서울중앙지방법원 2016.07.06 2014가단5219531
대여금
Text

1. The extent of the property inherited from the deceased C, to the Plaintiff:

A. Defendant A is 12,601,208 won and 4,321.

Reasons

1. Facts of recognition;

A. Solomon Mutual Savings Bank on May 14, 2009 (hereinafter “the deceased”) lent KRW 11 million to the deceased C (hereinafter “the deceased”) at an interest rate of 27.5% and overdue interest rate of 39.5%.

B. As of May 1, 2014, the above loan obligations remain as principal KRW 10,804,887 and interest KRW 20,638,414 and the provisional payment is KRW 59,720.

C. The Deceased died on January 24, 2014, and the Defendant A, his spouse, Defendant B and his father inherited his property. Defendant A was tried to grant an inheritance limited recognition under the Jeonju District Court 2014Mo622, Defendant B, and Defendant B’s inheritance under the same court 2015Mo717.

On the other hand, the Solomon Savings Bank changed its trade name on September 23, 2010 to Solomon Savings Bank, and the Seoul Central District Court (2013Hahap46) was declared bankrupt and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

[Grounds for recognition] The descriptions of Gap evidence 1, 2, Eul evidence 4, and the purport of the whole pleadings.

2. Determination

A. According to the facts of the determination as to the cause of the claim, the defendant C is liable to pay to the plaintiff 12,601,208 won [the principal of KRW 31,503,021 [the principal of KRW 20,638,821 [the principal of KRW 20,638,414 plus interest of KRW 59,720] - 2/5, and less than KRW 4,321,954 [the amount of KRW 10,804,887 plus 2/5, less than KRW 10,901,812 won [the amount of KRW 31,503,021x 3/5] and the interest rate of KRW 6,482,932 [the amount of KRW 10,638,84,87 and interest rate of KRW 35,20] from among them] and the amount of KRW 4,321,545 per annum.

Therefore, within the scope of the plaintiff's above recognition, the plaintiff's claim against the defendant A and the claim against the defendant B are justified.

B. Defendant A’s assertion against Defendant A sought dismissal of the Plaintiff’s claim on the ground that the qualified acceptance was made, but the reason that the qualified acceptance was made is to restrict Defendant A’s liability only to the extent of the inherited property from the deceased.

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