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(영문) 수원지방법원평택지원 2015.06.04 2015가단941
대여금
Text

1. The scope of the property inherited from D shall be limited to the Plaintiff, Defendant (Appointed Party) A, Appointed B, and Appointed C.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) on August 26, 201, to Defendant (Appointed Party) A, Appointed B, and D, the inheritee C, the time limit for reimbursement on August 26, 2011; and (b) on August 26, 2012, the interest rate shall be calculated by adding 0.77% from the base rate for change; (c) on the basis of the rate of delay rate of 16.07% per annum, the Plaintiff loaned KRW 30,000,000 (hereinafter “instant primary loan”).

B. On October 28, 201, the Plaintiff (hereinafter “instant secondary loan”) granted a loan of KRW 10,000,000 (hereinafter “instant secondary loan”) by setting the rate of repayment as October 28, 201 and the rate of interest shall be set at the base rate of change. The rate of delay interest shall be 16.69% per annum.

C. Around January 18, 2013, the Defendant (Appointed Party) died and succeeded to D at the ratio of 3/7, 2/7, 2/7, respectively.

The aggregate principal and interest of interest, etc. on the first loan of this case until December 18, 2014 is KRW 41,131,453, and the remaining amount is KRW 30,668,439, and the total amount of interest, etc. on the second loan of this case until December 17, 2014 is KRW 10,776,686, and the remaining amount is KRW 7,689,242.

E. Defendant (Appointed Party) A, Appointed B, and Appointed C filed a qualified acceptance report with the competent court 2013-Ma176 to the effect that the inheritee’s obligation and testamentary gift will be repaid within the limit of the inherited property from the network D, and the said court accepted the same on May 9, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 1 through 3 (including Serial number), the whole purport of pleading

2. According to the facts of the above recognition, the defendant (Appointed Party A) and the appointed Party B and the appointed Party C shall be within the scope of property inherited from D, and the defendant (Appointed Party) shall be 51,908,908,139 won ( = 41,131,453 won + 10,776,686 won + 10,686 won) equivalent to 3/7 of the total amount of principal and interest of the first and the second loans of this case, 22,246,345 won ( = 51,908,139 x 3/7, and less than won; hereinafter the same shall apply) and the first loans of this case = 30,68,43,616 won = 3/7 of the principal and interest of the second loans of this case.

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