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(영문) 수원지방법원 2018.02.13 2017가합19978
대여금
Text

1. The Plaintiff:

A. The Defendant (Appointed Party) is entitled to KRW 128,571,428, within the scope of the property inherited from the deceased C.

Reasons

1. Determination as to the cause of claim

(a) The following facts of recognition are not disputed between the parties, or recognized in full view of the purport of the entire pleadings:

1) The Plaintiff is a deceased C (hereinafter “the deceased”).

On September 16, 2003, KRW 200,000,000, and KRW 100,000,000 on April 21, 2005, each interest rate was set and lent to the deceased as 25% per annum. (2) The Plaintiff acquired the claim against the deceased’s Osan Terminal from the deceased for the purpose of securing the above loan claim against the deceased.

On or around December 19, 2008, the Plaintiff participated in the distribution procedure of public capital branch funds in Daejeon District Court on the basis of the above transfer money claim and received dividends of KRW 56,815,658 in the said distribution procedure.

3) On the other hand, the Deceased died on December 17, 2016, and the Defendant, the Appointor (son) who is his spouse, D, and E inherited the Deceased. B. 1) According to the above facts of recognition, the Deceased is obligated to repay each of the above loans to the Plaintiff.

2) Meanwhile, at the time when the Plaintiff lent the loan to the Deceased on April 21, 2005, the interest accrued on the loan as of September 16, 2003, or delay damages incurred on the loan as of September 16, 2003, shall be KRW 79,863,013 [=20,000,000 x 25% x (583/365 days from September 16, 2003 to April 20, 2005) x (583/365 days), hereinafter the same shall apply.

[] In the above distribution procedure (Seoul District Court official branchF), the Plaintiff already received dividends of KRW 56,815,658. Thus, the above dividends were appropriated first for the repayment of interest or delay damages from September 16, 2003 to April 20, 205, from September 16, 2003 to April 20, 2005, and the deceased [323,047,355 won = 200,000,000 won from September 16, 2003 to September 16, 2003 to April 205, 208, 205, 3636.5 of the loans and delayed damages from September 16, 200 to April 16, 200, 2005 to the Plaintiff (i.e., loans of KRW 200,000,000,000 from September 16, 2003 to April 205).3636

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