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(영문) 서울중앙지방법원 2017.06.23 2016가단5097094
대여금
Text

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

A. Defendant A is 34,219,115 won and 33,000 among them.

Reasons

1. Facts of recognition;

A. On August 11, 2015, the Plaintiff loaned a loan of KRW 55,00,000 to C by setting the loan period of KRW 1 year, interest rate of KRW 1,000,00,00 to be repaid in full on the expiration date of the loan period.

B. C delayed the performance of the instant loan obligations, thereby losing the benefit of time on February 4, 2016.

C. C died on January 22, 2016, and accordingly, the Defendant A, E, F, and Defendant B, the spouse, was jointly inherited. D.

D, E, and F filed a declaration of renunciation of inheritance with the Seoul Family Court 2016 Ma3371, and the above court rendered a judgment to accept the above declaration of renunciation of inheritance on July 29, 2016.

E. The obligation of the instant loans remaining as of April 19, 2016 reaches KRW 57,031,858 in total of KRW 55,00,000 in principal and interest KRW 2,031,858 in total.

F. The overdue interest rate under the instant loan agreement is 15.56% per annum.

[Grounds for Recognition: Entry of Evidence No. 1-2, Evidence No. 1-2, and the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, barring special circumstances, Defendant A is obligated to pay the Plaintiff a loan, Defendant A is obligated to pay 3,000,000 won (55,000,000 won x 3/5) among the loans and 33,00,000 won (5,000 won x 3/5). Defendant B is obligated to pay damages for delay as to KRW 22,812,743 (5,031,858 x 57,031,058 x 2/5) and 22,00,00,00 among them (5,00,000 x 2/5).

B. (1) The Defendants asserted that they have the obligation to pay the instant loan within the scope of the inherited property within the scope of the inherited property as co-inheritors, and in full view of the overall purport of the pleadings, the Defendants reported the qualified acceptance of inheritance as the Seoul Family Court Decision 2016Ra3182 on April 12, 2016, and the said court may recognize the fact that the said report was accepted on September 22, 2016. As such, the Defendants are obliged to pay the said loan within the scope of the inherited property from C.

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