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(영문) 대전지방법원 2017.11.16 2017가단15253
대여금
Text

1. The Defendant (Appointeds) paid KRW 27,272,720 to the Plaintiff (Appointeds) and KRW 18,181,810 to the rest of the appointeds, respectively, and the said money.

Reasons

1. Indication of claim;

A. On August 31, 2006, the deceased C (hereinafter “the deceased”) set a maturity of KRW 100 million to the Defendant on June 30, 2007, the interest rate of KRW 42% per annum, and the interest interest rate of KRW 60% per annum.

B. The Deceased died on October 2013, and the deceased’s wife (the appointed party, hereinafter “Plaintiff”) and the designated parties, D, and E jointly inherited the Deceased.

C. The Defendant is obligated to pay to the Plaintiff 27,272,720 won (i.e., KRW 100 million x KRW 3/11, as sought by the Plaintiff; hereinafter the same shall apply), and to the remainder of the designated parties each amount of KRW 18,181,810 (i.e., KRW 100 million x 2/11) and damages for delay calculated annually from August 31, 2006 to June 29, 207, as the interest limit under the Interest Limitation Act, to the Plaintiff’s claim for the above loans against the Defendant against the Defendant belongs to the co-inheritors of the deceased. As such, the Defendant is obligated to pay to the Plaintiff the interest or damages for delay calculated at the rate of 25% per annum from the next day to July 13, 2014, and from the day to day of full payment.

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act of the judgment deemed to be a confession.

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