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(영문) 서울중앙지방법원 2015.08.18 2015가단20658
대여금
Text

1. Within the scope of the property inherited from the network D, to the Plaintiff:

A. Defendant A is 20,528,998 won and 16.

Reasons

1. Determination on the cause of the claim

A. 1) On July 5, 2013, the Plaintiff loaned KRW 40,00,00 to D at an interest rate of KRW 13.7% per annum, interest rate of arrears rate of KRW 25% per annum, and due date of payment on July 5, 2018, and agreed to make monthly installment payments. 2) D lost its interest due to its failure to pay the installment payments, and as of November 7, 2014, D remains in KRW 47,90,94 in total, total of KRW 38,687,218, interest and overdue interest rate of KRW 9,213,76.

3) On May 4, 2014, D died after having left A, A, B, and C. 4) The Defendants were subject to the adjudication on the qualified acceptance of the deceased’s inherited property by the Seoul Family Court Decision 2014Mo6823.

[Ground of recognition] Evidence No. 1, Evidence No. 2, and the purport of the whole pleadings

B. The Plaintiff, within the scope of the property inherited from the network D, is obligated to pay to the Plaintiff KRW 20,528,98 and KRW 16,580,238 among them; ② Defendant B and C are obligated to pay damages for delay calculated at the rate of KRW 11,053,490 per annum from May 27, 2015, the day following the delivery date of a copy of the complaint to the day of full payment, to KRW 25% per annum.

2. If so, the plaintiff's claim of this case is justified.

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