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(영문) 서울중앙지방법원 2020.10.20 2020가단5130295
대여금
Text

1. The Defendant: KRW 42,857,143 for the Plaintiff (Appointed Party) and the Appointed C; KRW 64,285,714 for each of them.

Reasons

1. Facts of recognition;

A. On November 12, 2009, the deceased E (hereinafter “the deceased”) determined 150,000,000 as the due date for payment to F who represented the Defendant on November 12, 2009 as the interest rate of 3% per month.

B. The Deceased died on June 2013, and the Plaintiff (the appointed party, hereinafter “Plaintiff”) and the Appointor C and the wife jointly inherited the Deceased.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the above loan claims against the deceased against the deceased against the defendant belong to the co-inheritors of the deceased divided according to their statutory inheritance, the defendant is obligated to pay interest or delay damages at the rate of 30% per annum on November 13, 2009 (=150,000,000 won x less than 2/7,000 won x less than 2/7,000 won; hereinafter the same shall apply), 64,285,714 won to the selected parties D (= 150,000,000 x 3/7) and each of them, within the limit of the Interest Limitation Act that the plaintiff seeks from November 13, 2009 to the day of full payment.

3. If so, all of the claims of this case by the plaintiff and the designated parties are justified.

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