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(영문) 서울중앙지방법원 2017.06.30 2016가단5290985
대여금
Text

1. The Defendants, within the scope of property inherited from the deceased C, shall not exceed KRW 32,189,728, respectively, and 16,823 among them.

Reasons

There is no dispute between the parties, or comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 3, the facts as stated in the grounds for the claim and the defendants filed a report on qualified acceptance in the inheritance of property under the deceased Seog-Ba71, Seosan Branch of the Daejeon Family Court on March 5, 2012.

3.12. The fact that the above report has been accepted may be recognized.

Therefore, the Defendants are obligated to pay damages for delay at the rate of 18% per annum in accordance with the agreed interest rate from November 24, 2016 to the date of full payment, with respect to KRW 32,189,728 (64,379,456 x 1/2 of the above principal and interest of loans x 1/2 of the inheritance shares) and KRW 16,823,705 (the leased principal x 33,647,410 x 1/2 of the inheritance shares).

The plaintiff's claim shall be accepted on the grounds of its reasoning.

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