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(영문) 창원지방법원마산지원 2017.07.12 2017가단101006
대여금
Text

1. The Defendant, within the scope of the property inherited from the deceased C, shall not exceed KRW 100,000,000, and on February 1, 2017.

Reasons

1. Facts of recognition;

A. C, on March 30, 2016, borrowed KRW 100 million from the Plaintiff as the interest rate of 1% per month and the due date of repayment as of March 30, 2017.

B. On February 22, 2017, C died after having left D and E, who is the defendant and children, who is the wife as the bereaved family member.

C. On April 20, 2017, the Defendant filed a qualified acceptance with the Changwon District Court, and D and E filed each declaration on the renunciation of inheritance with the same court on the same day, and the said court rendered a ruling on May 17, 2017 to accept the report on the renunciation of inheritance and the qualified acceptance.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of the determination on the Plaintiff’s claim, the Defendant, who solely inherited the net C pursuant to the qualified acceptance, is obligated to pay the Plaintiff interest or delay damages at the rate of 12% per annum per annum from February 1, 2017 to June 1, 2017, the delivery date of the copy of the claim and the application for change of the cause of the claim as of May 29, 2017, the agreement rate of 12% per annum from February 1, 2017, which is the date of delivery of the copy of the application for change of the purport of the claim as of February 1, 2017, and the date of full payment from the following day to the date of full payment.

(1) The Plaintiff filed a claim against the Defendant from March 31, 2017 following the due date until June 1, 2017, for the period from May 29, 2017 to June 1, 2017, for which a copy of the written application for change of the claim and the purport of the claim had been served. However, statutory interest rate under Article 3(1) of the aforementioned Act applies to the period after the date on which the written application for change of the claim was served to the Defendant. Thus, the above special law applies to the above period since the legal interest rate under Article 3(1) of the above special law applies to the date after the date on which the written complaint seeking the performance of monetary obligation or other equivalent document was served to the obligor. Thus, the Plaintiff’s claim is accepted within the scope of the above recognition

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