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(영문) 서울남부지방법원 2016.09.02 2015가단247626
양수금
Text

1. The defendant shall pay to the plaintiff KRW 28,578,456 within the scope of the property inherited from the deceased B and KRW 27,764,64 among them.

Reasons

1. Facts of recognition;

A. On April 18, 2014, Hyundai Social Co., Ltd. loaned KRW 41 million to the deceased B (hereinafter “the deceased”) at the rate of 39 months of the lending period, 11.4% per annum, and 25% per annum of the overdue interest rate.

B. On November 3, 2015, Hyundai Social Co., Ltd. transferred the above loan claims to the Plaintiff, and notified the Deceased of the transfer of claims on November 5, 2015.

C. As of October 1, 2015, loans owed by the Deceased are 28,578,456 won in total, including principal 27,764,64 won, accrued interest 797,794 won, delay damages 16,018 won.

The Deceased died on November 17, 2015.

The heir had been the Defendant, C, and D, who was the wife, but C and D had been tried to waive inheritance on May 24, 2016 by the Seoul Family Court 2016-Ma885. On May 30, 2016, the Defendant was tried to approve inheritance inheritance by the Seoul Family Court 2016-Ma874.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, Eul evidence 1 to Eul evidence 5, the whole purport of pleadings

2. According to the above facts of recognition on the board: (a) the Defendant inherited the deceased’s property only on a daily basis; (b) the Defendant is obligated to pay to the Plaintiff 28,578,456 won of the principal and interest of the loan as of October 1, 2015 and damages for delay calculated at the rate of 25% per annum from October 2, 2015 to the date of full payment.

3. The plaintiff's claim is justified.

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