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(영문) 서울중앙지방법원 2017.08.30 2016가단5268544
대여금
Text

1. The defendant shall not exceed 42,629,306 won and 41,880,404 won among them within the scope of the property inherited from the deceased B to the plaintiff.

Reasons

Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 11 (including each number), Eul evidence Nos. 1 and the whole purport of the arguments, the plaintiff loaned KRW 50 million to B on December 23, 2013. The loan obligations remain as of November 2, 2016, and 748,902 damages for delay occurred, and thereafter, the overdue interest rate is 11% per annum, and Eul died on May 18, 2016, and the defendant was the heir and the defendant was the reported acceptance of qualified acceptance.

Therefore, the Defendant is obligated to pay to the Plaintiff 42,629,306 won and 41,880,404 won among them, with 11% interest rate per annum from November 3, 2016 to August 1, 2017, and 15% interest rate per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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

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