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(영문) 수원지방법원 2017.06.20 2016가단40886
대여금
Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 515,729,203 and KRW 230,359,523 among them from December 3, 2008.

Reasons

1. Basic facts

A. On May 25, 2004, the network E entered into a transaction agreement with the Plaintiff and borrowed KRW 1,480,000,000 at the rate of 6.5% per annum on May 25, 2007 and 15% per annum on delayed interest rate.

B. As the network E delayed the payment of the agreed interest of the above loan, the Plaintiff notified the Plaintiff of the loss of the fixed term interest and urged the Plaintiff to pay the leased principal and interest interest, etc. The order was issued to pay the Plaintiff the amount calculated at the rate of 16.5% per annum from June 20, 2006 to July 6, 2006, and 20% per annum from the next day to the day of complete payment, which became final and conclusive around that time.

Sung-nam City Court 2006Guj1934).

After proceeding for compulsory auction on real estate owned by the network E, the Plaintiff received dividends of KRW 788,921,439 on December 12, 2008 and appropriated the repayment of the principal and interest of the loan. D.

As of December 12, 2008, the principal is 691,078,570 won as of December 12, 2008, and interest and overdue interest until the base date are 856,109,040 won.

E. The network E died on May 15, 2011.

Defendant A’s spouse, Defendant B, C, and D are the deceased’s children.

F. The Defendants were served on or around August 26, 2016 the authentic copy of the payment order before the instant case was performed as a lawsuit. Accordingly, on September 22, 2016, the Defendants filed a special inheritance approval report and accepted on October 14, 2016.

(The ground for recognition) / [The fact that there is no dispute, Gap's evidence 1 through 5, Eul's evidence 1 (including the branch numbers, if any) and the purport of the whole pleadings, as a whole.

2. Determination

A. According to the above facts, the defendants inherited the debt of this case, which is a small property of the network E, according to their shares of inheritance. Thus, barring any special circumstance, the defendants Gap inherited the debt of this case, which is a small property of the network E, from December 3, 2008 to the plaintiff, and from December 3, 2008, as to the defendant Gap's KRW 515,729,203 and KRW 230

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