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(영문) 서울중앙지방법원 2015.05.12 2014나55757
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

Inheritance from the network E (F).

Reasons

1. Facts of recognition;

A. On December 15, 201, Solomon Savings Bank Co., Ltd. loaned 30,000,000 won (hereinafter “instant loan”) to E in equal installments with the principal and interest repaid, the loan extended on December 21, 2016, at the interest rate of 32% per annum, and at the interest rate of 39% per annum.

B. On January 31, 2013, Solomon Savings Bank concluded an asset acquisition agreement with the Plaintiff and transferred the principal and interest of the instant loan to the Plaintiff.

C. The remaining principal as of May 21, 2013 of the instant loan is KRW 25,533,291.

E lost the benefit of time by suspending the repayment of principal and interest to the Plaintiff after the above date.

E Deceased on December 25, 2013, the wife died, and Defendant C, C, D, and Co-Defendant B jointly inherited the principal and interest of the instant loan at the rate of 2/9, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to repay the principal and interest of the instant loan to the Plaintiff according to their respective inheritance rates against the network E.

B. The Defendants asserted to the effect that they did not have the obligation to repay the principal and interest of the instant loan, since they were qualified acceptance for the net E’s obligations.

On March 12, 2014, the fact that the Defendants received the adjudication on acceptance of a qualified acceptance report from the Ulsan District Court 2014Mo221 on March 12, 2014 is significant in this court.

The Defendants are obligated to repay the principal and interest of the instant loans within the scope of inherited property inherited from the network E, according to their respective inheritance rates.

The defendants' defense is justified within the scope of the above recognition.

C. Within the scope of property inherited from the network E, Defendant A (i.e., KRW 8,51,097) (i.e., KRW 25,533,291 x KRW 3/9), Defendant C and D respectively (i.e., KRW 5,674,064 (i.e., KRW 25,53,291 x KRW 25,533,291 x less than KRW 2/9, and less than KRW) and each of the said money, as sought by the Plaintiff.

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