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(영문) 서울중앙지방법원 2019.09.24 2019가단25576
대여금 청구의 소
Text

1. The Defendants, within the scope of the property inherited from the Deceased to the Plaintiff, shall not exceed KRW 604,709,426, respectively, and among them, KRW 137.

Reasons

On June 21, 2002, the Plaintiff loaned KRW 1,250,00,00 to the deceased E (hereinafter “the deceased”) (hereinafter “the instant loan transaction agreement”). The Plaintiff filed a lawsuit against the Deceased for loans of Seoul Central District Court 2009Da36874. On June 23, 2009, the Plaintiff filed a lawsuit against the Deceased for the foregoing loans of KRW 630,431,070 and KRW 413,611,734 with the Plaintiff on June 23, 2009 and KRW 413,611,734 with the lower court’s approval of the lower court, or with the lower court’s judgment of KRW 19% per annum from January 23, 2015 to the day of full payment, the Defendants’ respective remaining amount of loans as of April 3, 2019, and KRW 130,41384,417,4816,7416,7, etc.

According to the above facts, the Defendants, the inheritor of the Deceased, are obligated to pay the Plaintiff damages for delay from April 4, 2019 to the date of full payment, respectively, in accordance with statutory inheritance, to the sum of the principal and interest of the loan pursuant to the loan transaction agreement of this case and the principal of the loan of this case, within the scope of property inherited to the Plaintiff.

Therefore, the Defendants paid 604,709,426 won (i.e., total amount of principal and interest of loans 1,814,128,278 x less than KRW 1/3, and less than KRW 137,812,611 (=total amount of principal and interest of loans 413,437,834 x less than KRW 1/3, and less than KRW 1/3) from April 4, 2019 to the date of full payment, which is the date following the date of calculating damages for delay.

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