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(영문) 인천지방법원 2016.11.16 2016나10797
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant shall succeed from the deceased B.

Reasons

1. Facts of recognition;

A. On May 23, 2005, the Plaintiff offered loans to B as KRW 4,000,000 (hereinafter “first loan”) and KRW 5,000,000 on January 24, 2002 (hereinafter “second loan”) with interest rate of KRW 9.9% per annum, and overdue interest rate of KRW 19% per annum.

B. B did not pay the repayment of the first and second loans.

C. As of March 29, 201, the sum of principal and interest of the primary loan as of March 29, 201 is KRW 2,213,508 and the balance of principal is KRW 1,530,000.

As of June 27, 2010, the sum of principal and interest of the second loan as of June 27, 2010 is KRW 7,881,325 and the balance of principal is KRW 5,00,000.

B died on January 15, 2009, and the heir of B is the wife C, the Defendant, D, E, and F.

E. The Defendant was adjudicated on October 6, 2016 by the Incheon Family Court 2016-Ma2247 to accept the inheritance of the deceased B’s property by filing a qualified acceptance report.

[Ground of recognition] Evidence Nos. 1 through 10, Evidence Nos. 2 and the purport of the whole pleadings

2. Since the defendant's shares in inheritance are 2/11, the defendant is obligated to pay to the plaintiff 1,835,424 won (2,213,508 won + 7,881,325 won) corresponding to his/her shares in inheritance among the principal and interest of the second loan that are inherited from the deceased B x 2 8,181 (1,530,000 won x 211) and the principal of the first loan x 278,181 (1,530,000 won x 2.11) from March 30, 2011; 909,091 won (5,00,0000 won x 2±11) from June 28, 2010 to April 10, 2013, 2000 per annum from the following day to the day of complete payment under the agreement; and

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance shall be modified as above in accordance with the reduction of the plaintiff's claim in the trial. It is so decided as per Disposition.

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