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(영문) 서울남부지방법원 2016.04.07 2015나26677
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. On April 22, 2004, the Young-ri Saemaul Fund loaned 5,500,000 won to Non-Party D (hereinafter “the deceased”) at the rate of 12 months and 15.5% per annum on April 22, 2004. Clean-ri Saemaul Fund shall be established on August 23, 2008, and the Korea Federation of Community Credit Cooperatives shall, on April 18, 2014, transfer the above principal and interest claim to the Plaintiff on December 1, 2014. The Korea Federation of Community Credit Cooperatives notified the debtor of the assignment of the above assignment of the principal and interest claim as of November 21, 2014; the remaining principal and interest on the loan of this case as of May 5, 2007, interest rate of 12 months and interest rate of 15.5% per annum; the Defendants filed a report on the deceased’s remaining principal and interest rate of 25% through 90,718, the deceased’s spouse’s joint succession and 25.15%.

According to the above facts, the Defendants, who approved the inheritance fixed amount, are obligated to pay damages for delay calculated at the rate of 15% per annum from June 25, 2015 to the day of full payment, as claimed by the Plaintiff, for the amount of KRW 4,419,298 (= KRW 15,467,543 x 2/7) equivalent to their respective statutory shares in inheritance within the scope of property inherited from the deceased, and for the amount of KRW 1,589,378 (i.e., KRW 5,562,825 x 2/7, and less than KRW 2/7).

2. The Defendants’ assertion as to the assertion of the Defendants are indicated in the list of inherited property attached to the written decision of the qualified acceptance judgment at the time of the inheritance approval approval, as inherited property, that there is a claim for the return of the lease deposit equivalent to KRW 3,00,000, but in fact there is only the claim for the return of the lease deposit equivalent to KRW 1,354,120.

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