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(영문) 서울중앙지방법원 2020.11.27 2020가단5099868
대여금
Text

1. The defendant shall not exceed KRW 71,211,571 and KRW 70,000 among them to the plaintiff within the scope of the property inherited from the network D.

Reasons

1. Facts of recognition;

A. On October 22, 2019, the Plaintiff agreed to provide the net D with interest rate of KRW 70 million at 16.4% per annum and 19.4% per annum, and agreed to have the principal and interest repaid in installments for 48 months.

B. However, the network, however, lost the benefit of time in accordance with the credit transaction basic terms and conditions due to the default of the above repayment, and on April 8, 2020, the amount of the debt as of April 8, 2020 is KRW 71,211,571 (= Principal KRW 70 million and KRW 250,928, KRW 956,666 overdue interest, KRW 3,977).

C. On the other hand, the deceased on March 22, 2020, and the deceased on March 22, 2020, among wife E and siblings, F, G, and H inherited the deceased’s property solely by giving up inheritance. The Defendant, on May 26, 2020, filed a qualified acceptance report and received the ruling on July 28, 2020.

Seoul Family Court (Seoul Family Court Decision 2020Ra2969) / [Evidence] The fact that there is no dispute, described in Gap evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 71,211,571 and the principal amount of KRW 70,000,000,000 within the scope of the property inherited from the network D, as calculated by the rate of 19.4% per annum under the agreement from April 9, 2020 to the date of full payment.

3. Accordingly, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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