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(영문) 서울중앙지방법원 2016.11.11 2016가단14872
대여금 등
Text

1. The Plaintiff to the extent of the property inherited from the network D:

A. Defendant A is 23,821,470 won and 19,464.

Reasons

1. Facts of recognition;

A. A. The Plaintiff’s loan and inheritance 1) on March 22, 2012 (hereinafter “instant loan”) was set as the due date for repayment on March 22, 2017 and the Plaintiff’s loan amounting to KRW 75 million (hereinafter “instant loan”).

(2) The network D) from May 2014, lost the benefit of time due to delay in the payment of the instant loan from around May 2014, and after January 25, 2015, the maximum overdue interest rate determined by the Plaintiff is 15% per annum.

3) The network D died on May 19, 2014. At that time, there was Defendant A and Defendant B and C, the wife of which was the heir. The Defendants were adjudged to approve the fixed amount inherited as of June 24, 2014 by the Suwon District Court was rendered an adjudication to grant the fixed amount of interest as of December 23, 2015 (the principal amount of interest KRW 5,583,434 (the principal amount of KRW 45,416,396 interest KRW 10,167,038).

B. On April 15, 2014, the network D’s property status and disposal disposition, etc. of the network D’s D’s property status and disposal, etc. (hereinafter “instant real estate”) is the real estate indicated in the separate sheet to Defendant A (hereinafter “instant real estate

(2) The gift contract of this case (hereinafter referred to as “instant donation contract”) shall be

(2) On the same day, the registration of ownership transfer was completed under Defendant A’s name. (2) At the time of the said donation, the instant real estate was located as the active property of the network D, and the small property was a loan obligation of KRW 45,416,396 to the Plaintiff, a loan obligation of KRW 18,400,000 to the Korea Cmat Bank, a loan obligation of KRW 10,259,000 to the Korea Cmat Bank, a loan obligation of KRW 62,64,571 to the Han Bank.

3) The market price of the instant real estate as of October 15, 2015 is KRW 204,00,000. [The fact that there is no dispute over the grounds for recognition, each entry of subparagraphs 1 through 6 of this Court, Korea CTR Bank, one card, and one bank, as a result of an order to submit each financial transaction information, the purport of the entire pleadings is as follows.

2. We examine the claim for the loan.

According to the facts of recognition, Defendant A pays to the Plaintiff the amount of KRW 23,821,470 (55,583,434 won x 3/7) and the principal amount of KRW 19,464,168 (45,416,396 won x 3/7) within the scope of property inherited from the network D, from December 24, 2015.

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