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(영문) 서울중앙지방법원 2016.07.22 2015가단5354592
대여금
Text

1. The defendant shall not exceed 53,062,235 won and 22,950,258 won among them to the plaintiff within the extent of the property inherited from the deceased B.

Reasons

1. The following facts can be acknowledged in light of the following facts: there is no dispute between the parties, or the whole purport of the pleading in Gap evidence No. 1.

On January 27, 2012, Solomon Savings Bank Co., Ltd. extended loans to the network B of Solomon Savings Bank (hereinafter “the network”) at the interest rate of KRW 25,000,000 per annum 37.5% per annum, overdue interest rate of KRW 39% per annum, and January 21, 2015.

The Solomon Savings Bank Co., Ltd. was declared bankrupt on April 30, 2013 in Seoul Central District Court 2013Hahap46, and the plaintiff was appointed from the above court as bankruptcy trustee and comprehensively succeeded to the status of the Solomon Savings Bank Co., Ltd.

B. The Plaintiff’s credit against the Deceased (i.e., the Deceased lost its interest by delaying the repayment of principal and interest.

As of October 26, 2015, the Plaintiff held a loan claim of KRW 53,062,235 in total, including the balance of the loan principal, overdue interest of KRW 22,950,258, overdue interest of KRW 29,953,146, and KRW 158,831.

C. (i) The Deceased died on July 30, 2012.

D and E, the deceased’s wife, as the first heir, were the deceased’s wife C and the deceased’s children. However, on August 21, 2012, the above inheritors reported the renunciation of inheritance to Seoul Family Court 2012Ja7329, and received a ruling from the above court on November 15, 2012.

Consolidatedly, the deceased’s mother was the deceased’s mother on November 27, 2012. On November 27, 2012, the Defendant reported the qualified acceptance of inheritance to the Seoul Family Court 2012 Mono10181, and was adjudicated by the said court on February 8, 2013.

2. According to the above facts of recognition, the defendant, the only inheritor of the deceased, succeeded to the deceased within the scope of the deceased's inherited property. Thus, the defendant is the plaintiff to the extent of the property inherited from the deceased.

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