logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.10 2019가단5135751
대여금
Text

1. The Defendants each of the KRW 33,660,226 to the Plaintiff and KRW 18,900,254 to the Plaintiff respectively.

Reasons

1. The Defendants filed a report on the inheritance-limited approval with respect to the inheritance of the deceased H (hereinafter “the cause of claim”)’s property as stated in the separate sheet stating “the cause of the repayment of the principal and interest of the loan,” and the fact that the above court did not dispute between the parties or rendered a judgment on acceptance of the said report on qualified acceptance, taking into account the overall purport of the pleadings. As such, the Defendants, as co-inheritors of the deceased, who are the debtor of each of the claims for loans of this case, shall be paid 1/3 of the total outstanding interest and interest of the Plaintiff at the rate of 33,60,26 won as of June 12, 2019, the total principal and interest of 18,90,254 won as of June 13, 2019, as of December 16, 2019, as of June 13, 2019, with respect to the rate of delay damages calculated by the rate of 1/300,000 won per annum from 16.

2. The Defendants’ defense and judgment of extinctive prescription defense are defenses that the Plaintiff’s claim for the principal and interest of loan of this case has expired, and thus, the period of extinctive prescription is five years as commercial claim. It is obvious in the record that the date of the instant loan was August 7, 2012, and that the Plaintiff filed the instant lawsuit on June 17, 2019.

However, according to Article 32 (3) of the Debtor Rehabilitation and Bankruptcy Act, the list of individual rehabilitation creditors is stipulated.

arrow