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(영문) 서울중앙지방법원 2015.01.23 2013나48790
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are 3,937,179 won and 846,500 won among them to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 2001, the Plaintiff was established after the merger between the National Bank of Korea (hereinafter “National Bank”) and the Korea Housing and Commercial Bank (hereinafter “Korea Housing and Commercial Bank”).

B. On September 9, 1994, a national bank loaned KRW 5,00,00 to the net A with a maturity of KRW 5,00,000, 11% per annum, and 17% per annum of overdue interest rate. The credit transaction basic terms and conditions applied at this time provide that the national bank can change overdue interest rates. The highest overdue interest rate applied after December 28, 201 by the Plaintiff is 18% per annum.

C. As of October 23, 2012, the principal and interest of the above loan amounted to KRW 15,748,720 (i.e., principal amount of KRW 3,386,00, KRW 2,796, KRW 159, KRW 9,566,561).

1) The deceased on January 31, 2006. G and H filed a declaration of renunciation of inheritance (2006-Ma26) with G and Daegu District Court’s Family Court’s Family Court’s Family Court’s Family Branch on February 14, 2006. Accordingly, the deceased on October 22, 2009, Defendant B, D, C, and NetworkF succeeded to A as the deceased’s sibling, the next-order heir. 2) The deceased on May 7, 2013. Defendant E filed a declaration of qualified acceptance with the Busan Family Court on May 7, 2013, and accepted the said declaration on June 19, 2013.

[Ground of recognition] Defendant B, C, and E: without dispute, Gap evidence Nos. 1 through 4 (including paper numbers) and defendant D: Service by publication

2. According to the facts of the above determination as to the cause of the claim, the Defendants each included in KRW 3,937,179 [the principal = 846,500 = 3,386,000 + 1/4] agreed upon by the parties (=2,796,159 KRW 2,796,159 x 1/4, and less than KRW 1/4; hereinafter the same applies].

(A) The interest rate of 18% per annum, which is the overdue interest rate of 2,391,640 won (=9,56,561 won x 1/4) and the principal amount of 846,50 won among the overdue interest rate of 2,391,640 won (=9,566,561 won x 1/4), from October 24, 2012, the delivery date of a copy of the complaint of this case to the day of full payment: Provided, That Defendant E is liable to pay each

3. Conclusion, the plaintiff's claim is justified, and it is in accordance with the correction of the indication of the party and the modification of the purport of the claim in the trial.

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