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(영문) 서울중앙지방법원 2016.08.11 2016가단24480
대여금
Text

1. The Defendants are limited to KRW 18,262,140, respectively, and KRW 15 million among them, within the scope of the property inherited from the deceased C.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 20 million to C on September 28, 201, but additionally loaned KRW 4 million on November 7, 2013, and loaned KRW 6 million on October 28, 2013.

B. As of February 21, 2016, ① the principal and interest of a loan obligation is 29,870,230 (principal 24 million won, delay damages, 5,870,230 won), ② the principal and interest of a loan obligation is 6,654,050 won (principal 6 million won, delay damages, 654,050 won) and the interest rate on each loan principal is 15% per annum after February 22, 2016.

C. Around May 12, 2014, the Defendants, their parents, inherited their respective 1/2 shares of the deceased’s property. On August 26, 2014, the Seoul Family Court accepted the Defendants’ report on the qualified acceptance on August 26, 2014 in the case of inheritance limited acceptance.

[Ground of recognition] Facts without dispute, Gap 1 through 4, purport of the whole pleadings

2. If so, the Defendants are liable to pay to the Plaintiff the agreed delay damages calculated at the rate of 15% per annum from February 22, 2016 to the day of full payment for the principal amount of KRW 15 million, 1/2, 18,262,140 (=36,524,280 won + 29,870,230 won + 6,654,050 won + 1/2) of the total sum of the principal and interest of the loan obligations to the Plaintiff.

3. Accordingly, the Plaintiff’s claim against the Defendants is with merit.

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