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(영문) 서울중앙지방법원 2016.11.23 2016가단5183988
양수금
Text

1. The Plaintiff:

A. Defendant A shall not exceed 30,695,455 won within the scope of the property inherited from the deceased G and 14,90 among them.

Reasons

1. Facts of recognition;

A. G entered into a loan contract between Hacheoncheon and Hacheoncheon as follows; G loses the benefit due to the delay in the payment of the principal and interest of loan; and on July 14, 2016, the unpaid loan balance and the interest in arrears are as follows:

The total amount of interest on the loan balance ( principal interest up to July 14, 2016) of the loan balance (interest on principal) of the borrowed subject on the divided date of lending 80,00,000 won on July 29, 2004 84,170,808 won on general loan 164,170,808 won on December 1, 2004, and KRW 10,061,490 won on general loan 10,940,436 won on December 1, 204 1, 2004 10,061,49,490 won on general loan 20,001,926 won on total 89,940,436 won on general loan 94,232,298 won on total 184,172

B. On the other hand, H guaranteed the G’s obligation under the self-loan contract on December 1, 2004.

C. On June 28, 2013, the Hacheoncheon District Court transferred claims based on each of the instant loans to the Plaintiff and notified Defendant G of the transfer.

However, G died on September 18, 2013, and Defendant A succeeded to the sole inheritance of the deceased’s property. As to this, Defendant A filed a qualified acceptance report with Seoul Family Court Decision 2013Ra126 on December 16, 2013, and the said court accepted the qualified acceptance on March 27, 2014.

E. On May 30, 2014, H died, and the Defendants jointly inherited H’s property. As to this, the Defendants filed a report on qualified acceptance with Seoul Family Court Decision 2014Ra1262 on November 27, 2014, and the said court rendered a ruling accepting the said report on February 12, 2015.

F. Meanwhile, the interest rate for delay determined by the Plaintiff within the scope of the agreed interest rate stipulated in each of the above lending agreements is 17% per annum.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including each number), and the purport of whole pleading

2. According to the above facts of recognition, Defendant A shall pay to the Plaintiff 30,695,455 won and 14,990,072 won, as the Plaintiff seeks, within the scope of the property inherited from the network G, at the rate of 17% per annum from July 14, 2016 to the day of full payment.

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