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(영문) 서울남부지방법원 2016.08.16 2016가단214333
대여금
Text

1. Within the scope of the Plaintiff’s property inherited from the network D, Defendant A’s KRW 14,370,042 and its 13,714.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 3, the plaintiff extended loans of KRW 32 million to D on October 28, 2013 at the loan maturity rate of KRW 7.7% per annum, overdue interest rate of KRW 14.7% per annum. As of March 16, 2016, the plaintiff's claim for loans against D on the basis of the principal amount of KRW 32 million, interest rate of KRW 1,031,469, overdue interest rate of KRW 498,530,09. However, D has died on October 6, 2015 and succeeded to D's wife A, Defendant B, and Defendant C.

However, according to the purport of the entire pleadings, the Defendants received a declaration of qualified acceptance in relation to the inheritance of the Defendants’ net D’s property on November 12, 2015 by Changwon District Court Decision 2015Ra1075, which was decided by the Defendants, and the said judgment became final and conclusive.

Therefore, within the scope of property inherited from the network D to the Plaintiff, Defendant A is obligated to pay 13,714,285 won (the principal of the loan 33,530,09 won x less than KRW 33,530,099 x inheritance shares x less than KRW 32 million x inheritance shares / 3/7) out of the amount of the loan 13,714,285 won (the principal of the loan x 32 million x inheritance shares ). Defendant B and C are obligated to pay damages for delay at the rate of 9,580,028 won (the principal of the loan 33,530,09 x inheritance shares 2/7) and 9,142,857 (the principal of the loan x 32 million x inheritance shares x 2/7) from March 17, 2016 to the date of the annual agreement of the Defendants to pay damages for delay from the 15th day of August 16, 2016.

The plaintiff's claim against the defendants is partly accepted.

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