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(영문) 서울중앙지방법원 2017.08.10 2016가단5053230
대여금
Text

1. Within the scope of the property inherited from the deceased B, the Defendant shall not exceed KRW 50,491,407 and KRW 26,117,542 among them.

Reasons

1. Facts of recognition;

A. On October 1, 2008, the net B entered into a loan transaction agreement with the Plaintiff (former “SCF”) on a loan agreement with a small and medium enterprise credit loan, a loan amount of KRW 52,500,000, a repayment date of KRW 52,500 on September 20, 2012, an agreement rate of KRW 13.5% per annum £« 13.5% per annum, and overdue interest rate of KRW 52,50,000 on loan.

B. B was unable to repay the remainder of principal and interest, excluding interest, from the above loans, until January 20, 201. The remainder of principal and interest as of February 24, 2016 is KRW 26,117,542, and the remainder of principal and interest as of February 24, 2016 are KRW 50,491,407.

C. B was deceased on February 23, 2011 and his/her spouse C and his/her child D were succeeded. On April 20, 2011, C and D renounced their inheritance and the report was accepted on June 2, 2011 (Seoul District Court Branch Family Branch 2011Mo1090). As the deceased’s mother was the heir, the Defendant reported the qualified acceptance on July 29, 201, and the report was accepted on August 25, 201.

(based on recognition): Facts without dispute, Gap 1 through 3, Eul 1, Eul 2-1, Eul 3-3, and the purport of the whole pleadings.

2. According to the determination and conclusion, the Defendant is obligated to pay to the Plaintiff the sum of KRW 50,491,407 (i.e., principal amount of KRW 26,117,542 + accrued interest 24,373,865) and damages for delay calculated at the rate of 18% per annum from February 25, 2016, which is the base date for calculating the remaining principal and interest of interest of KRW 26,117,542, to the Plaintiff within the scope of property inherited from the network B, and thus, the Defendant is obligated to pay damages for delay calculated at the rate of 18% per annum from February 25, 2016,

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