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(영문) 서울중앙지방법원 2016.07.08 2015가단211263
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 219,202,680 within the scope of the property inherited from the deceased B, and KRW 12,694,712 among them.

Reasons

1. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties concerned; (b) evidence Nos. 1-1-4; (c) evidence No. 2; (d) evidence No. 3; (e) Eul evidence No. 1; (e) evidence No. 2; and (e) evidence No. 1; and (e) evidence No. 1; and (e) evidence No. 1.

(i) On September 29, 2008, the Plaintiff extended a loan (hereinafter “instant loan”) to the network B (hereinafter “the network”) with the interest fluctuation rate of KRW 112,695,200 per annum on KB house mid-to-house loan 112,695,200 (hereinafter “the network”). On September 29, 2010, the Plaintiff extended a loan (hereinafter “instant loan”).

B. At the time of the instant loan, the Deceased approved that the General Terms and Conditions for Credit Transactions apply, and Article 7 of the said Terms and Conditions provides that the Deceased shall pay damages for delay in accordance with the interest rate determined by the Plaintiff immediately as to the total amount to be paid when he loses the benefit of time or fails to perform his obligation upon the expiration of the credit period.

B. (i) The Deceased lost the benefit of the loans of this case due to the interest and due date outstanding.

The overdue interest rate applied after January 25, 2015 with respect to the instant loan is 15% per annum.

Abstract as of August 12, 2015, the Plaintiff holds the following claims for loans against the Deceased:

(amount per unit: 12,694,712 8,416,727 611,860,479,381 219,202,680 for overdue interest accrued prior to incorporation of the amount of outstanding principal.

C. On September 2, 2014, the Deceased died on September 2, 2014.

C, D, E, F, and G, the deceased’s wife, and the deceased’s children. On November 28, 2014, the Defendant reported the qualified acceptance of inheritance on March 24, 2015 by the Busan Family Court 2014-Ma4117, and received an adjudication from the said court on March 24, 2015. On March 24, 2015, C reported the renunciation of inheritance to the Busan Family Court 2015-Ma1023 on May 24, 2015.

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