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(영문) 서울중앙지방법원 2016.05.18 2015가단5358020
대여금
Text

1. To the extent of the property inherited from the networkD to the Plaintiff:

A. Defendant A is 39,006,154 won and 21,428.

Reasons

1. Facts of recognition;

A. The Plaintiff set the rate of damages for delay at 19% per annum and concluded a loan agreement with the network D (hereinafter “the network”) indicated in the disposition as follows.

1) A loan 1: A loan 20,000 won (the extended due date of repayment on December 14, 2010), No. 20,000 won (the extended due date of repayment on December 14, 201): A loan 3: a loan 10,000 won (the extended due date of payment on June 2, 201) on May 31, 2002: A loan 20,000 won on January 17, 2005 (the extended due date of payment on January 18, 2011).

B. The Deceased failed to repay each of the above loans until the due date for payment, and the principal and interest of the loan as of August 16, 2015 remains 36,387,814 (the principal of the loan shall be 20,000 won), 18,201,215 (the principal of the loan shall be 10,000 won), 36,425,332 (the principal of the loan shall be 20,000 won) respectively, and the compensation rate for delay applied by the Plaintiff from January 30, 2015 to the Plaintiff shall be 15% per annum.

C. On November 11, 2010, the Deceased died, and the Defendant B and C, who is his wife, succeeded to the property of the Defendant B and C. The Defendants were subject to the Seoul Family Court Decision 2011Hu899, which was inherited by the Defendants.

[Grounds for recognition] Gap's evidence Nos. 1, 2, 3, 4, 6, and Eul's evidence Nos. 1 and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the plaintiff is within the scope of the property inherited from the deceased, and the defendant A is obligated to pay to the plaintiff the amount of KRW 39,006,154 [the amount of KRW 91,014,361 (No. 1 loans 1 loans 1 loans 18,201,201, 215 KRW 36,425,332) x succession shares of KRW 37,428,571 among them] and the amount of KRW 21,428,571 (i.e., the sum of principal KRW 50,000,00 KRW 3/7,000, below KRW 26,004,103 won (= KRW 91,014,014, KRW 2,771x succession shares of KRW 2,50,00) to the amount of KRW 15,200,570

B. As to the Defendants’ assertion, the Defendants asserted that the first loan was completed on December 14, 2015, and the third loan was completed on January 18, 2016. However, the Defendants asserted that the third loan was completed by extinctive prescription.

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