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(영문) 서울중앙지방법원 2016.07.01 2014가단100212
대여금등
Text

1. The Defendant shall pay KRW 32,324,492 to the Plaintiff within the scope of the property inherited from the deceased C and KRW 14,00,000 among them.

Reasons

1. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in the descriptions of Gap evidence 1-1-5, Gap evidence 2-1-4, Gap evidence 3, Gap evidence 4, Gap evidence 5-1 through 3, Gap evidence 7, Gap evidence 8, Gap evidence 9-1, 2, Eul evidence 9-1, 1-2, and Eul evidence 1.

On September 14, 2007, the Plaintiff: (i) loaned 14,000,000 won of the loan to the deceased C (hereinafter “the deceased”) at an interest rate of 4.5% per annum; (ii) interest rate of 8.5% per annum; and (iii) interest rate of 8.5% per annum; and (iv) September 14, 2011 due date; and (iv) the network D Plaintiff filed the instant lawsuit with the deceased co-defendant; (iv) the deceased D Plaintiff was also a co-defendant; and (v) the deceased D’s first-class heir was not found by giving up inheritance; and (v) the deceased D’s first-class heir was dismissed on June 28, 2016.

The limit of this day is KRW 18,200,000, and the limited collateral guarantee was made on the claim of the first loan in this case.

on January 20, 2009, the Plaintiff granted a loan of KRW 10,000,000 per annum to the Deceased at the interest rate of KRW 9.61% per annum, interest rate of arrears rate of 18% per annum, and January 20, 2011 (hereinafter “instant second loan”).

Article 7 of the Terms and Conditions provides that the Deceased shall pay damages for delay in accordance with the interest rate immediately determined by the Plaintiff for the total amount of the amounts to be paid when he loses the benefit of time or fails to perform his obligation on the expiration date of the extension period.

B. (i) The Deceased lost the benefit of each of the loans of this case due to the Plaintiff’s respective claims for loans of this case (i.e., interest and maturity outstanding).

The overdue interest rate applied after January 25, 2015 with respect to the second loan of this case shall be 15% per annum.

Consolidatedly, the Plaintiff is against the Deceased as of October 27, 2015.

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