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(영문) 수원지방법원 2015.01.29 2014가단523608
대여금
Text

1. The defendant shall within the scope of the property inherited from the deceased B to the plaintiff, KRW 145,700,000, among them, and KRW 140,000.

Reasons

1. Basic facts

A. On October 10, 201, the National Agricultural Cooperative Federation (hereinafter “FIX”) granted a loan of KRW 140 million to the network B (hereinafter “the network”) with the interest rate fluctuation rate of KRW 100 million (2.79% during a month, the new COFI standard interest rate of 2.79% during a month, and October 10, 2013 after the expiration date of the lending period (hereinafter “the instant loan”).

(B) On October 201, 201, the network B entered into a credit card membership agreement with the National Agricultural Cooperative Federation and was issued with a credit card, and received the said credit card, respectively, cash services of KRW 2.3 million on May 3, 2014 and KRW 3.4 million on May 28, 2014 (hereinafter “instant cash services”).

(C) From May 10, 2014, the network B began to delay payment of each interest on the instant cash service amount from June 10, 2014. At the time of the delay, the interest rate on the instant cash service amount is 4.79% per annum, and the overdue interest rate on the instant cash service amount is 21.9% per annum. D. The network B died on May 29, 2014, and the Defendant, his spouse, succeeded to the network B’s property solely. Meanwhile, the NAF established the Plaintiff on March 2, 2012 by dividing the banking business sector of the NAF under Article 134-4 of the Agricultural Cooperatives Act, and accordingly, the Plaintiff comprehensively succeeded to the rights and obligations on the banking business sector of the NAF. [Grounds for recognition], and the purport of each of subparagraphs A through 4 (including the entire number of pleadings) is as follows.

2. According to the above facts of recognition as to the cause of the claim, the Defendant, the only inheritor of the deceased B, is obligated to pay the Plaintiff the amount of KRW 145,77 million (i.e., the cash service amount of KRW 140,000,000,000,000,000) and damages for delay.

3. Claims and judgments pertaining to inheritance limited recognition

A. The defendant's argument and judgment on the qualification of inheritance are related to the inheritance of the deceased B's property.

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