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(영문) 서울중앙지방법원 2015.11.25 2015가단5170039
대여금
Text

1. The Defendant: (a) KRW 47,014,066 within the scope of the property inherited from the deceased B, and KRW 21,154 among them.

Reasons

1. Judgment on the plaintiff's claim

A. Fact 1) On July 14, 2006, the Plaintiff entered into an agreement for credit loan transactions between small and medium enterprises with B and the loan subjects with a small and medium enterprise divided repayment loan, the loan amount of KRW 40,000,000, the repayment date of KRW 18% per annum on the distribution rate of three months in July 14, 2010 (22.61% per annum), and the overdue interest rate of KRW 29.39% per annum (1.3 times per annum), and lent KRW 40,000,00 to B on April 17, 2015 (2). The principal and interest on the loan of KRW 47,014,066 as of April 17, 2015 (21,154,193, interest rate of KRW 25,859,873 won per annum).

3) B died on August 31, 2010. On December 3, 2010, upon the judgment that both the first and second inheritors of the deceased would accept the report of renunciation of inheritance on December 3, 2010, the Defendant, the wife, becomes the sole inheritor. The Defendant was adjudicated on December 22, 2010 to accept the report of refusal of inheritance. [each entry in evidence A and 5, based on recognition, and the purport of the entire pleadings.]

B. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29.39% per annum, which is the agreement between April 18, 2015 and the day of full payment, as to the principal amount of KRW 47,014,06, and the balance of principal amount of KRW 21,154,193, within the scope of the property inherited from the deceased B.

2. citing the Plaintiff’s claim for conclusion

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