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(영문) 서울남부지방법원 2016.09.23 2016가단212948
대여금
Text

1. The defendant shall not exceed 47,905,690 won and 44,833.

Reasons

1. Facts of recognition;

A. On May 13, 2015, the Plaintiff lent KRW 47,000,00 to the deceased B (hereinafter “the deceased”) at an annual interest rate of 15.5% per annum, overdue interest rate of 29% per annum, repayment period of 48 months, and the terms of repayment of the principal and interest per month.

B. From September 25, 2015, the Deceased lost the benefit of time due to delinquency in paying the principal and interest, and the amount of the loan as of January 13, 2016, as of January 13, 2016, is KRW 724,888, including the principal, KRW 44,83,540, interest KRW 2,347,262, and interest for delay.

C. The Deceased died on November 1, 2015.

The heir C, who is a form of heir, is the Defendant, and C, on February 26, 2016, was tried to waive inheritance as the branch court of Suwon District Court 2015Mo552 on February 26, 2016. On March 25, 2016, the Defendant was tried to grant qualified acceptance as the branch court of Suwon District Court 2015Modan510 on March 25, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Eul evidence 1, whole purport of oral argument

2. According to the above facts, the Defendant, as an heir of the deceased’s property, is obligated to pay the Plaintiff a total of KRW 47,905,690 as of January 13, 2016, and the principal amount of KRW 44,83,540 as of January 14, 2016, calculated at the rate of 29% per annum from January 14, 2016 to the date of full payment.

3. The plaintiff's claim is justified.

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