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(영문) 수원지방법원 2016.04.07 2015가단144637
대여금
Text

1. The Defendant shall, within the scope of the property inherited from the deceased B, pay to the Plaintiff KRW 147,90,335 and KRW 137,897,411.

Reasons

On October 31, 2013, the Plaintiff leased KRW 164,70,00 to the deceased B (hereinafter “the deceased”) 72 months of the lending period, interest rate of KRW 9.3% per annum, interest rate of delay damages, 24% per annum, method of repayment equal installments repayment, and interest rate of the loan. The Plaintiff lost interest on December 8, 2015. The remainder of the loan up until the date of loss of interest under the above provision was 137,897,41, interest rate of KRW 7,183,178, interest rate of unpaid interest rate of KRW 7,819,746. Meanwhile, the Deceased died on April 30, 2015. The Plaintiff’s application for renunciation of inheritance (U.S. District Court No. 20157, Jan. 17, 2015) was rejected or the Plaintiff’s application for qualified acceptance was accepted on August 14, 2015.

According to the above facts, the Defendant, as the sole inheritor of the deceased, is obligated to pay the Plaintiff 147,90,335 won (i.e., unpaid principal of the loan 137,897,411 won and delay damages of KRW 7,183,178), and the remaining principal of the loan 137,897,411 won, calculated at the rate of 24% per annum from December 9, 2015, the date following the above calculation basis date to the date of full payment.

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

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