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(영문) 울산지방법원 2016.09.21 2016가단10611
대여금
Text

1. Within the scope of the property inherited from D to the Plaintiff, Defendant A shall be KRW 17,97,729 and KRW 17,785,714, among them.

Reasons

1. The Plaintiff, on March 25, 2013, loaned to D KRW 70 million at the rate of 13.44% per annum on March 25, 2020 on the date of repayment.

The sum of the principal and interest of D as of March 28, 2016 is KRW 41,994,702 ( principal KRW 41,500,00).

D A died on March 13, 2016, and the defendant B and C, who is the wife of D, succeeded to the property of D.

The Defendants filed a qualified acceptance report with this Court No. 2016-Ma574, and was tried on July 25, 2016 by this Court to accept the qualified acceptance report.

[Ground of recognition] Facts without dispute, Gap 7, 8, 9 evidence, Eul 1, 2 evidence, the purport of the whole pleadings

2. Determination of the Plaintiff: (a) Defendant A, within the scope of the property inherited from D, KRW 17,97,729 (a total of KRW 41,94,702 in loans x 3/7) and KRW 17,785,714 out of the loans (i.e., KRW 41,50,00 in total of the loan principal x 3/7 in inheritance x 3/7 in inheritance shares); (b) Defendant B and C are liable to pay damages for delay at the annual rate of KRW 11,98,486 in each of the loans x 11,99,98,486 (i.e., KRW 41,994,702 in total of the loan principal x 2/7 in inheritance shares x 41,500 in inheritance shares x 2/7 in inheritance shares x 15% in total from March 29, 2016 to September 14, 2016.

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