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(영문) 대전지방법원천안지원 2020.05.07 2019가단116326
대여금
Text

1. The Plaintiff within the scope of the property inherited from the network D:

(a) Defendant B shall be KRW 17,358,063 and this shall apply.

Reasons

1. Facts of recognition;

A. A. Around December 19, 2018, the Plaintiff received a request from D to “to pay the principal and interest of a loan from a credit service company to him/her,” and received a loan as specified in the following table, and remitted KRW 80,000,000 to the Defendant on December 20, 2018.

creditor’s annual interest rate of 1 E 1 E 15,00,000 won 24% 2F 15,000,000 won 23.9% G 3 G 50,000,000 won total of 80,000,000 won

B. D died on September 8, 2019, and Defendant C, the spouse of Defendant B and his children, jointly inherited the network’s property.

C. On October 21, 2019, the Defendants filed a qualified acceptance report on the inheritance of the deceased D’s property with the Suwon Family Court’s KRW 2019-Ma612, which was accepted on October 31, 2019.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-6, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are obligated to pay each of the damages for delay as stated in Paragraph (1) of this Article to the Plaintiff, within the scope of property inherited from the network D, as to the amount of KRW 46,358,063 (=77,263,439 won x 3/5), Defendant C30,905,376 won (=7,263,439 won x 2/5) and each of the said money, respectively, within the limit of property inherited from the network D, in accordance with the agreed ratio.

3. Conclusion, the plaintiff's claim of this case is accepted for all reasons.

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