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(영문) 수원지방법원 안산지원 2018.09.18 2018가단57844
소유권이전등록
Text

1. The defendant shall not exceed KRW 17,126,307 within the scope of the property inherited from B to the plaintiff and KRW 16,708,816 among them.

Reasons

1. Facts of recognition;

A. On April 27, 2017, the Plaintiff entered into a credit transaction agreement with B and the principal of KRW 27.6 million, the loan period of KRW 60, and the loan interest rate of KRW 4.5% per annum.

According to the above contract, if a cause for loss of benefit of time occurs, the remaining principal and the damages for delay shall be paid in addition to the rate of 24% per annum of all relevant obligations.

B. B in arrears with the repayment of principal and interest, lost the benefit of December 11, 2017. Accordingly, B bears 24% interest per annum from July 27, 2018 to the date of full payment with respect to the total amount of KRW 17,126,307 as well as the principal of KRW 16,708,816.

C. B died on September 16, 2017, and the Defendant inherited B.

The Defendant filed a petition for an adjudication on limited recognition of inheritance with the court 2017 Madan1436, and was tried on March 21, 2018 to accept the Defendant’s report on limited recognition of inheritance from the above court.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 8 (including each number for a tentative number), Eul evidence 1, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 24% per annum from July 27, 2018 to the day of complete payment, with respect to the above KRW 17,126,307 and its KRW 16,708,816, within the scope of the property inherited from B to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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