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(영문) 수원지방법원 여주지원 2018.10.30 2018가단4071
대여금
Text

1. The defendant shall not exceed 32,172,245 won within the scope of the property inherited from the deceased C and 31,07 among them.

Reasons

Facts of recognition

On November 7, 2017, the Plaintiff lent 30,000,000 won to C at an annual interest rate of 21.9%, 27.9% per annum, 27.9% per annum, and 2020 on November 7, 2020. The remainder of the leased principal as of May 8, 2018 is KRW 28,189,926, interest rate of KRW 1,180,452, and KRW 18,259.

On November 29, 2017, the Plaintiff lent KRW 3,00,000 to C at an annual interest rate of 21.9%, annual interest rate of delay damages, KRW 27.9% per annum, and KRW 116,562 per annum on November 29, 2020. On May 8, 2018, the remainder of the leased principal is KRW 2,817,265, interest rate of KRW 119,423, and KRW 116,562.

C The C died on March 12, 2018, and the Defendant, the inheritor of C, reported the inheritance limited approval to the Ulsan Family Court on April 27, 2018, and the report was accepted on May 31, 2018.

(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 4, Eul evidence 2, the purport of the whole pleadings.

Judgment

According to the above facts, the defendant shall pay to the plaintiff 32,172,245 won [2,189,926 won - 1,180,452 won - 18,259 won] (2,817,265 won - 119,423 won - 116,562 won) and damages for delay calculated at the rate of 27.9% per annum, which is the agreed interest rate for delay from May 8, 2018 to the date of full payment] of the principal of the debt of the plaintiff 31,007,191 won.

The plaintiff's claim is accepted.

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