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(영문) 의정부지방법원고양지원 2016.06.14 2015가단91501
대여금
Text

1. The defendant shall not exceed KRW 23,433,424 within the scope of the property inherited from the deceased B and KRW 23,143,097 among them.

Reasons

1. Facts of recognition;

A. On August 19, 2014, the Plaintiff lent 28 million won to B for a loan period of 60 months, interest rate of 6.90% per annum, and interest rate of delay rate of 24% per annum. The balance of the loan, including the principal amount of 23,143,097 won as of November 17, 2015, is KRW 23,43,424, including the principal amount of 23,43,424 won.

B. B died on September 30, 2015, and the inheritor is the Defendant.

[B] On October 26, 2015, C(the deceased B) was adjudicated to accept the declaration of renunciation of inheritance on December 21, 2015, by filing a report of renunciation of inheritance with the High Government District Court Decision 2015 Modan4091, the High Court Decision 2015.

On January 28, 2016, the Defendant was adjudicated to accept a report on qualified acceptance on April 20, 2016 by filing a report on approval of inheritance limited status with the 2016 Down District Court Decision 2016-Ma6018.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff 23,43,424 won within the scope of the property inherited from the deceased B and damages for delay calculated by the rate of 24% per annum from November 18, 2015 to the date of full payment of the loan principal of KRW 23,143,097.

The plaintiff's claim is justified and accepted.

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