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(영문) 서울중앙지방법원 2017.05.16 2017가단3275
대여금
Text

1. The defendant shall pay the plaintiff KRW 195,00,000 to the extent of the property inherited from the deceased B.

2...

Reasons

1. Facts of recognition;

A. On August 24, 2007, the Plaintiff loaned 150 million won to C Co., Ltd. (hereinafter “Nonindicted Company”) at an interest rate of 7.85% per annum (hereinafter “instant loan”). The overdue interest rate determined that the said loan will comply with the basic terms and conditions of bank credit transaction within the scope of 21% per annum.

B. The net B jointly and severally guaranteed the guarantee limit of the above loans owed by the non-party company as KRW 195 million.

C. As of August 17, 2016, the outstanding principal of the instant loan owed by a non-party company is KRW 150 million, the outstanding interest amount is KRW 7,295,63, and the outstanding interest amount is KRW 104,706,467.

On the other hand, the deceased on April 27, 2013. The deceased on April 27, 2013. The inheritor is D, E, and F, and D, E, and F filed a petition for adjudication on renunciation of inheritance with the Gwangju Family Court No. 2013-Ma1355, and the above court accepted the declaration on renunciation of inheritance on August 5, 2013. The defendant filed a petition for adjudication on renunciation of inheritance with the Gwangju Family Court No. 2013-Ma1356, and the above court accepted the declaration on qualified acceptance on August 6, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. If so, the Defendant is obligated to pay KRW 195 million to the Plaintiff, within the scope of the property inherited from the deceased B, as of August 17, 2016, within the scope of KRW 262,02,100, the balance of the principal and interest of the instant loan as of August 17, 2016, as of August 17, 2016.

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