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(영문) 서울중앙지방법원 2020.05.21 2019가단5300227
대여금
Text

1. The defendant shall not exceed 46,979,020 won and among them 42,780.

Reasons

1. Facts of recognition;

A. On July 14, 2017, the Plaintiff offered Internet loan loans by setting the lending rate of KRW 60 million at 14.4% per annum and the delayed interest rate at 17.4% per annum.

B. As of December 11, 2019, the Deceased lost the benefit of time due to his failure to repay the above loans, and the Deceased did not pay the total of KRW 46,979,020, including the remaining principal amount of KRW 42,780,993.

C. Meanwhile, the Deceased died on June 10, 2019, and the Deceased’s heir is the Defendant, the spouse, and E and F.

On October 14, 2019, the defendant, the spouse of Daejeon Family Court, filed a request for a trial on the limited acceptance of inheritance with the Daejeon Family Court's 2019Jae-Ma568, and was tried by the above court to accept the report on the qualified acceptance on October 14, 201, and E and F renounced inheritance.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3 (including additional number), Eul evidence 1

2. According to the above facts of determination, the Defendant, the heir of the network D, is obligated to pay the Plaintiff damages for delay calculated at the rate of 17.4% per annum, which is the agreed interest rate of 42,780,993 won and the principal of the loan, within the scope of the property inherited from the network D, and the interest rate of 46,979,020 won and the interest rate of the loan principal, from December 12, 2019 to the date of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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