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(영문) 창원지방법원 2018.02.01 2017가단12885
대여금
Text

1. Within the scope of property inherited from the network D, Defendant A shall be limited to KRW 59,04,334, Defendant B and C, respectively, 39,36,223.

Reasons

1. Basic facts

A. On December 5, 2014, the Plaintiff entered into a loan transaction agreement with the deceased (hereinafter “the instant loan transaction agreement”) at an interest rate of KRW 120,000,000 per annum 4.5% per annum, interest rate of KRW 20,000 per annum, interest rate of delay damages, 20% per annum, and date of loan maturity as of December 5, 2017, and lent the said money to the deceased.

B. Since April 20, 2017, interest accrued and interest accrued therefrom have not been paid, and interest accrued therefrom has been lost, and as of September 8, 2017, the total amount of interest and interest accrued on debt including provisional payment is KRW 137,676,780.

C. The deceased’s heir has the Defendant A (3/7 of shares in inheritance), Defendant B, and C (2/7 of shares in inheritance, respectively) who are the spouse.

With respect to the deceased’s inherited property, the Defendants, the inheritor, filed a report on the approval of the limited inheritance with the Changwon District Court 2017Ra706, and received an adjudication from the said court on August 31, 2017 to accept the report on the qualified acceptance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 9, 11, 12 (including each number, if any) and the purport of the whole pleadings

2. In accordance with the facts seen earlier prior to the determination as to the cause of the claim, the Defendants are obligated to pay damages for delay calculated at the rate of 20% per annum, which is the damages for delay, from September 9, 2017 to September 9, 2017, in addition to the agreed interest rate of 39,04,334 won (i.e., KRW 137,676,780 x less than KRW 337,676,780 x below KRW 2/7, and below KRW 2/77), and among them, Defendant A is liable to pay damages for delay calculated at the rate of 20% per annum, which is the damages for delay from September 9, 2017 to the date of full payment.

As to this, the Defendants asserted that they cannot respond to the Plaintiff’s claim during the process of inheritance bankruptcy after the inheritance limited approval. However, the Defendants’ assertion against the above recognition is difficult on the sole ground that the Defendants’ assertion alone does not constitute a ground to block the Plaintiff’s claim.

3. The conclusion is that the plaintiff's defendants.

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