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(영문) 서울중앙지방법원 2015.04.29 2014가단5304750
대여금
Text

1. Within the scope of the property inherited from the network D to the Plaintiff

A. Defendant A is 22,563,865 won and 5,914.

Reasons

1. Determination as to the cause of claim

A. On April 20, 2012, the Plaintiff: (a) loaned 23 million won to D on April 20, 2012, at an interest rate of 16.4% per annum (three-month fluctuation rate); (b) three years; and (c) 20% of the operating amount of the loan every 12 months. D lost its subsequent benefit; (c) as of September 25, 2014, D’s loans to be paid at the rate of KRW 13,80,00 per annum; (d) interest rate of KRW 14,801,914 per annum; and (e) interest rate of delay is 18% per annum on the total amount of principal and interest of KRW 13,80,00 per annum; (e) interest rate of KRW 14,80,00 per annum; and (e) interest rate of KRW 206,375,616,475,500 per annum; and (e) interest was paid by a credit card company.

3) On May 19, 2014, D died on May 19, 201, and there were Defendant B and C, the wife, Defendant A and his children. The Defendants filed a qualified acceptance report in the inheritance of the network D’s property, and received the said report. [Grounds for Recognition] Facts without dispute, Gap’s evidence Nos. 1 through 4 (each entry, including the virtual number, and the purport of the entire pleadings).

B. According to the above facts of recognition, the net D's debt was inherited to the Defendants, such as the attached inheritance shares and the inheritance debt table.

Therefore, within the scope of the property inherited from the network D to the Plaintiff; 1) With respect to KRW 22,563,865 among them and KRW 5,914,285, Defendant A, from September 26, 2014 to March 17, 2015, the agreed interest rate of KRW 18% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of complete payment; 20% per annum from September 26, 2014 to the date of complete payment; 14,627,602 won per annum from September 26, 2014 to the date of full payment; 26.9% per annum from September 26, 2014 to the date of full payment; and 3,942,857 won per annum from September 26, 2014 to the date of complete payment.

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