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(영문) 서울중앙지방법원 2016.07.21 2015가단5289452
대여금
Text

1. Within the scope of the property inherited from the network E, to the Plaintiff:

(a) Defendant (Appointed Party) A, Appointed F, G, and.

Reasons

1. Facts of recognition;

A. On November 14, 201, E entered into a loan agreement with Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) with the following content:

[Classification of Loans: General loan, loan amount: 30 million won, loan interest rate: 19% per annum, 31% per annum

B. E loses the benefit of time due to the failure to repay the principal and interest under the foregoing loan agreement, and as of July 26, 2015, the repayment of principal and interest is delayed as follows.

[Loan Principal: KRW 30 million, overdue interest: KRW 29,415,592, Total Amount: KRW 59,415,592]

C. On April 30, 2013, Nonparty Bank was declared bankrupt by Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as bankruptcy trustee.

On May 29, 2012, E deceased on May 29, 2012, and following E’s spouse and children’s renunciation of inheritance, the Defendant (Appointed Party, hereinafter “Defendant”) who is the E’s sibling A, Appointer F, Selection G, Selection He, Appointer I (each inheritance share 1/6), and E, the designated spouse of L who died on January 1, 2014, and the designated children of K, B, C, and D (each inheritance share 2/66) succeeded to E’s property.

E. Meanwhile, both the Defendants and the designated parties were tried to accept a qualified acceptance report in inheritance of E’s property.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants and the designated parties are obligated to pay to the plaintiff the loan obligations of E (the total amount of principal and interest on the loan of KRW 59,415,592 and damages for delay based on the agreed rate of KRW 30 million) within the scope of inherited property from E as stated in the order, according to their respective inheritance shares.

3. Therefore, the Plaintiff’s claim against the Defendants is justified.

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