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(영문) 서울북부지방법원 2020.09.16 2020나33832
양수금
Text

The part of the judgment of the first instance, including the plaintiff's claim expanded and reduced in this court, against the defendant.

Reasons

1. According to the overall purport of Gap's evidence Nos. 1 through 4 (including serial numbers) and Eul's evidence Nos. 1 and Eul evidence Nos. 1 as to the cause of the claim, the defendant transferred the amount of KRW 8,000,000 to the deceased F (Death on April 12, 2016; hereinafter "the deceased") on August 6, 2015 at the rate of 34.9% per annum, and the delayed repayment rate of KRW 34.9% per annum; the contract delivery date is 10 days per month; the contract delivery date is 200,000,000 to the plaintiff by the 60th day of August 6, 2020 (hereinafter "the loan of this case"); the defendant transferred the principal of the loan of this case to the deceased and the remaining KRW 750,58,00,000 and the heir's notification of inheritance damages 2031,371,207.

Therefore, within the scope of inherited property, the Defendant, the only limited inheritor of the deceased, is obligated to pay to the Plaintiff who acquired the instant loan the amount of the loan within the scope of inherited property the amount of KRW 6,750,558, plus KRW 2,323,80,00 as the agreed party and delay damages incurred until October 31, 2017, plus KRW 9,074,358, and the principal of the loan, calculated at the rate of delay damages calculated by the rate of 12% per annum to the Plaintiff within the extent of the agreed delay damages rate, which is the delivery date of the copy of the complaint of this case, from July 18, 2019 to the full payment date.

2. The plaintiff's claim should be accepted on the ground of its reasoning.

As the plaintiff's claim expanded and reduced in this court is accepted additionally, the judgment of the first instance will be modified as above.

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