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(영문) 춘천지방법원 강릉지원 2018.05.15 2017가단2898
대여금
Text

1. The Plaintiff:

A. Defendant B, as well as KRW 15,857,142, as well as its related costs, 10% per annum from October 24, 2013 to April 11, 2018; and

Reasons

Around October 24, 2013, the Plaintiff leased KRW 37 million at an annual interest rate of 10% to the deceased E (hereinafter “the deceased”). The fact that the Defendants are the deceased E’s inheritors (Defendant B7/7, Defendant C, and D 2/7) is the deceased E’s inheritors (the inheritance shares) shall be deemed to have led to the confession between the Plaintiff and the Defendant, and it may be recognized in full view of the respective descriptions and arguments set forth in subparagraphs 1-1 and 2 as well as the overall purport of arguments.

According to the above facts of recognition, barring any special circumstance, the Defendants are obligated to pay interest or delay damages calculated at the rate of 10,571,429 won per annum from October 24, 2013 to April 6, 2018, the agreement rate of 10% per annum, and from the next day to the day of full payment, the interest or delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Concerning the Promotion, etc. of Legal Proceedings”), each of which is 10,571,429 won (i.e., 37,00,000 won x 2/7), Defendant C, and D, respectively.

Defendant D’s defense that the scope of responsible property is limited to the scope of inherited property according to the qualified acceptance judgment. As such, Defendant D’s defense is reasonable, in full view of the respective descriptions of evidence Nos. 1, 2, and 3 and the overall purport of the pleadings, Defendant D’s acceptance of the report on qualified acceptance on October 23, 2017. As such, Defendant D’s defense is reasonable.

Therefore, since the plaintiff's respective claims against the defendant B and C are well-grounded, they are accepted, and some claims against the defendant D are justified within the scope of the above recognition. It is decided as per Disposition by applying Articles 98, 101, and 213 of the Civil Procedure Act to the burden of litigation costs and a provisional execution declaration.

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