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(영문) 서울남부지방법원 2014.11.13 2014가단14393
대여금
Text

1. As to the Plaintiff, ① Defendant A’s KRW 100,783,279 and KRW 56,602,783 among them, ② Defendant B and Defendant C respectively, and KRW 67,188.

Reasons

The National Agricultural Cooperative Federation loaned D KRW 171,00,00,000 on December 13, 2005, KRW 80,00,000 on January 12, 2007, and KRW 180,000,00 on July 13, 2007, and issued credit cards around April 10, 209. As of January 20, the above D issued the credit cards to the Plaintiff as of January 20, 2014, the total amount of the remaining principal of the loans plus KRW 122,242,59,472,175, the principal of the credit card payment liabilities, KRW 9,830,563, interest rate, overdue interest rate, KRW 615,645, etc., and KRW 235,00,00 on the total amount of the principal and the total amount of the transferred monetary claims to the Plaintiff, and KRW 230,1631,281,27.37

According to the above facts, barring any special circumstance, Defendant A is obligated to pay the Plaintiff KRW 100,783,277 (=235,160,981 KRW x 3/7) and KRW 56,602,783 (= KRW 132,073,161 KRW x3/7). ② Defendant B and Defendant C are each 67,188,851 KRW (=235,160,981 KRW x2/7) and 37,735,188 of each of them (i.e., KRW 132,073,161 KRW x2/7) with interest rate of KRW 15% from January 21, 2014 to April 2, 2014, respectively.

As to this, Defendant B and Defendant C asserted to the effect that they would withhold the judgment of this case until the result of the application, since they filed a claim for adjudication on the inheritance limited recognition with the Seoul Family Court 2014 Mad-Ma4391.

Therefore, although the court granted approximately two months a grace period to the above Defendants, the court did not issue a ruling of limited recognition of inheritance even before the closing date of the argument in this case.

Therefore, above.

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