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(영문) 서울중앙지방법원 2016.10.26 2016가단77057
대여금
Text

1. The defendant shall not exceed KRW 46,050,610 and KRW 26,204,281 among them to the plaintiff within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit transaction agreement with B and made a loan, but as of March 10, 2016, B did not pay the debt, the following obligations remain.

On February 16, 2004, the overdue interest rate of 16,204,00,000 won in general loan of 16,204,281 won per annum of 13,826,788 won in arrears (on April 11, 2005, increased to 16,204,281 won in general loan of 10,000,000 won in general loan of 10,000,000 won in November 14, 2006, 6,019,541 won in total of 26,204,281 won in total of 19,846,329 won in general loan of 2.

B. B As of March 21, 2016, the Defendant, who was a child, and C, became the heir.

The defendant was accepted by filing a report on the acceptance of inheritance-limited recognition with the High Government District Court's High Court's High Court's High Court's High Court's High Court's High Court's 2016-Ma522, and C was accepted by filing a report on the renunciation of inheritance with the

[Reasons for Recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 46,050,610 (26,204,281 + 19,846,329) within the scope of the property inherited from the Deceased and the damages for delay calculated by an agreement of 15% per annum from March 11, 2016 to the date of full payment of the principal amount of KRW 26,204,281.

3. The plaintiff's claim for conclusion is justified and acceptable.

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