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(영문) 서울중앙지방법원 2019.04.19 2018가단67481
대여금반환 청구의 소
Text

1. The defendant, within the scope of the property inherited from the deceased C, shall be limited to KRW 164,945,753 and the above.

Reasons

1. Facts of recognition;

A. On August 17, 2017, the Plaintiff lent KRW 200 million to C on a yearly interest rate of 27.9% per annum, and on August 17, 2018, the repayment date.

B. C was dead on December 21, 2017 at the time of failure to repay the above loan, and there was a mother as the deceased C’s heir.

C. On February 12, 2018, the Defendant was rendered a ruling accepting a qualified acceptance report on the inheritance of the deceased C’s property as the head of Suwon District Court Branch Branch 2018Ra91.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 7, Eul evidence 1, the purport of whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the above loans and damages for delay to the plaintiff within the scope of the property inherited from the deceased C.

3. Thus, the defendant is obligated to pay to the plaintiff the amount of 164,945,753 won out of the principal of the above loan and damages for delay calculated at the rate of 27.9% per annum, which is the overdue interest rate from October 1, 2018 to December 26, 2018, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment. Thus, the plaintiff's claim of this case of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed.

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