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(영문) 서울동부지방법원 2016.06.24 2015가단133809
양수금
Text

1. Defendant A is 35,841,300 won and its scope of property inherited from the deceased D (Death on March 5, 2012) to the Plaintiff.

Reasons

In full view of Gap's statements and the purport of all pleadings as to the cause of the claim, the Korean Bank (hereinafter "Korea Bank") transferred 43.5 million won to D on August 13, 2010, interest rate of 4.13% until August 13, 2013, interest rate of 4.13% per annum (not less than three months) and extended 19% per annum. D transferred the above principal and interest interest of 83,629,700 won as of November 27, 2015 (i.e., principal and interest of 40,350,000 won, interest and delay damages of 40,129,700 won, and 2.1.2.1.2.16.16.16.21.216.21.216.21.216.16.21.216.206.

According to the above facts, Defendant A is obligated to pay damages for delay to the Plaintiff, among the above principal and interest of loan amounting to KRW 35,841,30 (= KRW 83,629,70 x 3/7) and damages for delay to the principal of loan amounting to KRW 18,642,855 ( KRW 43,50,500 x 3/7 = 18,642,857 x 3/7,642,857 x 23,894,200 x 23,629,70 x 2/700 x 2/7) and the principal of loan amount of KRW 12,428,570 ( KRW 43,500,000 x 2/70 x 12,429,571).

The defendants' defenses against the defendants are proved to have made a qualified acceptance or a renunciation of inheritance against D's property inheritance. Thus, the defendants' defenses are examined as follows: Eul 1-5's each statement and the whole purport of arguments.

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