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(영문) 부산지방법원 2016.07.19 2016가단918
대여금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 23,045,560 and KRW 20,99,410 among them:

B. Defendant B shall be KRW 15,363,707 and also

Reasons

1. Basic facts

A. On February 27, 2013, the Plaintiff extended a loan of KRW 35 million to the net C (hereinafter “the deceased”) for a period of one year (the maturity of the loan period was extended on May 27, 2015).

B. The remaining deceased lost his/her interest by delaying the payment of interest from April 2, 2015, and on December 6, 2015, the amount of loans not repaid by the deceased as of December 6, 2015 (i.e., principal amount of KRW 38,409,268 (i.e., KRW 34,99,018 agreed interest rate of KRW 634,162), and the overdue interest rate determined by the Plaintiff is 15% per annum after December 7, 2015.

C. On the other hand, C died on July 13, 2015, and C inherited the deceased’s property in proportion to the 3/5 shares of Defendant A, his spouse, and the 2/5 shares of the deceased’s children.

[Ground of recognition] Facts without dispute, Gap 1 through 19, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants, as the inheritor of the Deceased, set forth in Paragraph (1) of the Disposition against the Defendants, based on their respective shares in inheritance (A) Defendant A: (i) KRW 23,045,560 (= KRW 38,409,268 + KRW 38,409,268 x KRW 3/5, and KRW 3/5; hereinafter the same applies)

(2) 20,99,410 won (=34,99,018 won x 3/5) Defendant B (15,363,707 won (=38,409,268 won x 2/5) ② 13,99,607 won (=34,99,018 won x 2/5) respectively.

3. If so, the plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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