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(영문) 서울중앙지방법원 2016.11.24 2016나42113
대여금
Text

1.The part against the Defendant in the judgment of the first instance, including a claim extended and reduced in the trial, shall be as follows:

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan details 1) On January 17, 2008, KRW 50 million to the network E (hereinafter “No. 1”)

) On December 9, 2008, KRW 10 million (hereinafter “second loan”) is deemed to be “second loan.”

(2) As of November 11, 2015, each of the above loans as of November 11, 2015 remains in total of KRW 47,60,535 (No. 1 loan 3,683,989, KRW 2 loan No. 866,546), 6,709,806 (No. 1 loan 5,591, KRW 2 loan No. 506), etc. (No. 1 loan 5,591, KRW 2 loan No. 1,118,300), 47,260,341, etc. at the time of incorporation.

3) Meanwhile, the net E’s overdue interest rate under Article 3(5) of the Framework Agreement on Credit Transactions approved by the said lending is 16% per annum. (b) The network E’s credit card payment details 1) obtained and used a credit card from the Plaintiff. As of November 11, 2015, the credit card payment obligation remains in total of 28,70,287 won, including the principal amount of KRW 19,029,572, interest 9,670,715.

2) The rate of overdue interest under Article 15(4) and (6) of the standard terms and conditions approved by the network E at the time of issuing credit cards is 26.9% per annum. C. The Defendant’s inheritance and qualified acceptance 1) network E died on January 2, 2014, among co-inheritors, the Defendant became a sole heir as the co-defendant A and C renounced the inheritance.

2) On January 27, 2014, the Defendant reported the qualified acceptance to the Gwangju District Court’s 2014Hun-Ma65, and the said court accepted the Defendant’s report on the qualified acceptance on February 28, 2014. [Grounds for Recognition] The fact that there is no dispute, Gap’s evidence Nos. 1 through 5 (including each number, each entry of No. 1 and No. 2, and the purport of the entire pleadings, as a whole.

2. According to the facts of the determination as above, the Defendant who solely inherited the deceased’s debt from the deceased shall be 16% per annum with respect to the Plaintiff within the scope of the property inherited from the deceased (the principal and interest of the credit card principal and interest of the first and second loans) and the amount of KRW 36,00,000 (the principal and interest of the first and second loans) from November 12, 2015 to the date of full payment.

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