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(영문) 서울중앙지방법원 2017.10.19 2017가단5102368
대여금
Text

1. The Defendants: 20,394,265 won each within the scope of the property inherited from the deceased C and 20.20.

Reasons

1. (1) Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claims, the Plaintiff: (i) on July 2, 2014, the repayment date to the Plaintiff’s father C; (ii) on July 2, 2017, COFX-2.9% per annum; (iii) on the basis of the number of overdue days, the interest rate on loans is differentiated; and (iv) on the basis of the number of overdue days, if the number of overdue days exceeds 90 days, the Plaintiff loaned KRW 40,00,00 at a fixed rate of 10%; (ii) on February 5, 2017, C delayed interest on loans from February 5, 2017; and (iv) on April 19, 2017, the remaining principal and interest rate of loans is KRW 40,544,110 (the principal of loans, KRW 40,00,00 interest rate of KRW 510,10); and (iii) on the basis of the above real estate loan agreement, the Plaintiff shall bear KRW 241414.

Meanwhile, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, C died on February 7, 2017, and there was Defendant as his wife D, children E, and his/her dependants. Of them, D and E were adjudicated to accept the declaration of renunciation of inheritance on March 24, 2017 as the Daejeon Family Court Branch of the Daejeon Family Court Branch of 2017Radan53, and the Defendants were adjudicated to accept the declaration of renunciation of inheritance on August 23, 2017.

(2) According to the above facts, the Defendants: (a) pursuant to their respective inheritance shares (1/2) within the scope of their respective inherited shares (i/2) inherited from the network C from the Plaintiff; (b) pursuant to each of the 20,394,265 won [the total amount of principal and interest on loans and incidental expenses 40,788,530 won (the total amount of principal and interest on loans 40,544,110 won 24,420 won) x 1/2] 20,000,000 won among the above 20,000 won (the principal of loans 40,00,000 won x 1/2 / the date following the date of calculation of overdue interest for each of the instant complaint from April 20, 2017 to July 17, 2017; and (c) from the following day to August 17, 2017 to the date of completion of the lawsuit.

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