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(영문) 서울중앙지방법원 2016.04.19 2015나58012
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 10, 2008, the Future Savings Bank Co., Ltd. (hereinafter referred to as the “ Future Savings Bank”) extended a loan of KRW 135 million (10 million) at the rate of 25.5% per annum on February 8, 2010, and at the rate of overdue interest rate of 33% per annum (hereinafter referred to as the “instant loan”), and at the time D jointly and severally guaranteed the instant loan obligations together with E and A.

B. D A died on July 15, 201, and the Defendant, F, G, and B inherited the deceased’s property.

C. On April 30, 2013, the Future Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as the bankruptcy trustee.

As of September 25, 2014, the loans of this case remain in KRW 174,725,344, including the total amount of KRW 56,738,415, total amount of KRW 116,823,656, total amount of KRW 1,163,273.

【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. According to the above facts of recognition, the Defendant, who succeeded to the network D, is obligated to pay to the Plaintiff delay damages at the rate of 33% per annum for the overdue interest rate of 43% per annum from September 25, 2014 to the date of full payment, with respect to inherited debts of 43,681,336 won (17,725,34 won x 1/4) and principal of 14,184,603 won (5,738,415 won x 1/4, and less than won).

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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