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(영문) 서울중앙지방법원 2015.10.28 2015가단62447
대여금
Text

1. Within the scope of the property inherited from the network D to the Plaintiff

A. Defendant A is 22,020,945 won and 14,536.

Reasons

1. Facts of recognition;

A. On May 2, 2008, the Plaintiff lent KRW 35,000,00 to D on May 2, 2008. The final maturity of the loan is May 4, 2012, and the rate of delay damages is 15% per annum after January 25, 2015.

The principal and interest of the loan as of March 23, 2015 are KRW 51,382,217 (= principal principal KRW 33,919,184, interest rate of KRW 5,611,764, interest rate of KRW 11,851,269).

B. D A died on February 18, 2012, and as his wife, Defendant A and his wife were Defendants B and C.

The Defendants filed a declaration of qualified acceptance with the Seoul Family Court 2012-Ma3894.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 2 and 3, the purport of the whole pleadings

2. In conclusion, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum, the agreed rate of 14,680,630 won, and 9,691,194 won, respectively, within the scope of the property inherited from the network D (Defendant A 3/7, Defendant B, and Defendant C 2/C), as well as KRW 22,020,945 won, and as to KRW 14,536,791, among them, from March 24, 2015 to the date of complete payment).

Therefore, the plaintiff's claim against the defendants is accepted.

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