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(영문) 수원지방법원 2015.09.09 2015가단26586
대여금 등
Text

1. The Plaintiff within the scope of the property inherited from the network E:

A. Defendant A and B are composed of KRW 15,490,742 and their respective amount.

Reasons

1. Facts of recognition;

A. As between the network E, the Plaintiff entered into a loan agreement with the amount of KRW 100 million on February 5, 2008, the loan transaction period from February 5, 2008 to February 5, 2010, and the deduction interest rate of delayed compensation (agent). From December 29, 2013, E delayed payment of interest as of May 14, 2015 and remaining KRW 127,647,754 in total as of May 14, 2015.

B. On December 9, 2008, the Plaintiff entered into a loan transaction agreement with the network E and 10 million won, from December 9, 2008 to December 9, 2011 during the loan transaction period, and the interest rate was the general loan agreement with the fluctuation rate. Since December 8, 2012, E lost its interest due to its failure to perform its obligations under the terms and conditions, and there remains 13,024,933 won in total, including the principal amount of KRW 10 million, interest amount of KRW 30,024,933, May 14, 2015.

C. On February 16, 2010, the Plaintiff entered into a loan transaction agreement with the network E and KRW 100 million, from February 16, 2010 to February 16, 2013, and from February 16, 2013, the general loan agreement with interest rate fluctuations. E did not perform its obligations under the terms and conditions after February 11, 2013, thereby forfeiting the benefit of time. On May 14, 2015, the Plaintiff remains KRW 125,350,046, including the principal and interest KRW 125,350,046.

On July 20, 2014, E died, and the property was inherited to Defendant C, D, and net F, who is a child of E, to Defendant A and B, and the inheritance shares are inherited to Defendant C, D, Defendant A, and B, respectively.

E. On July 22, 2015, the instant lawsuit was pending, the Plaintiff received dividends of KRW 174,673,714 in the Suwon District Court G real estate auction procedure with respect to real estate offered as collateral by the network E, and KRW 180,137,262 in total, including the said dividends and incidental funds, KRW 12,758 won, and KRW 1,424,270 in operating expenses, and KRW 180,137,262 in operating expenses. Accordingly, the Plaintiff appropriated 87,03,960 in the loans from February 16, 2010 to cover the obligation under each of the above loan transaction agreements, and subsequently appropriated KRW 87,003,960 in total, interest and principal portion, and KRW 2,275,845 in the self-reliance refund due to the death of the network, and deducted the remainder from the principal to the remaining principal, and accordingly, the remainder of the principal.

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