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(영문) 수원지방법원평택지원 2020.03.11 2019가단65182
대여금
Text

1. The defendant shall within the scope of the property inherited from the deceased D, and KRW 194,107,08 and one of them shall be 189,432.

Reasons

1. Basic facts

A. On April 9, 2019, the Plaintiff entered into a loan agreement with the network at the rate of 195,579,031 won, 72 months, and 9.2% per annum on the loan interest rate, and agreed to apply the overdue interest rate of 12.2% per annum where the network D loses the benefit of time.

B. As the network lost its profits on November 1, 2019, the obligation to repay all of the principal and interest of a loan has arisen as a lump sum. As of November 27, 2019, the Plaintiff as of November 27, 2019 remains the principal and interest of KRW 189,432,465, unpaid principal and interest of KRW 4,667,516, unpaid interest, and KRW 194,107,07,08.

C. On August 28, 2019, the deceased’s death on August 28, 2019, the deceased’s spouse, E, and F succeeded to the deceased’s identity. On October 31, 2019, Suwon District Court Decision 201Hu606 decided on October 31, 2019, the deceased’s inheritance limitation approval and the judgment on waiver of inheritance against the Defendant, E, and F.

[Ground of recognition] The fact that there is no dispute, Gap's 1-5 evidence, Eul's 1 evidence, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant, who is the sole heir of the deceased D, is obligated to pay damages for delay calculated at the rate of 12.2% per annum, which is the overdue interest rate, from November 28, 2019 to the date of full payment, for KRW 194,107,08, and for KRW 189,432,465, which is the remaining principal, within the scope of the property inherited from the deceased D and the remaining principal.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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