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(영문) 광주지방법원 목포지원 2018.07.04 2017가단53294
양수금
Text

1. The Plaintiff within the scope of the property inherited from the net G:

A. Defendant A: 32,834,595 Won and 4.1 of them

Reasons

1. Facts of recognition;

A. G’s loan relationship (1) Gun agricultural cooperatives extended loans amounting to KRW 18,700,000 on December 3, 1999 on December 3, 2001 for the expiration date of the loan period to G; 12.9% per annum for the interest rate; and 19% per annum for delay for the interest rate of KRW 18,70,000.

(2) On December 21, 1999, a non-military agricultural cooperative loaned KRW 26,80,000 to G on December 21, 2001, the expiration date of the lending period; the interest rate of KRW 6.5% per annum; and the overdue interest rate of KRW 15% per annum; and the overdue interest rate of KRW 26,80,000 per annum.

(hereinafter referred to as “claim for Second Loans”). (b)

Around June 28, 2007, an agricultural cooperative, which was established by a merger of non-military agricultural cooperatives, etc. of the government-designated agricultural cooperatives, transferred the claims for loans No. 1 and 2 to the Plaintiff, and notified G of the above assignment of claims around August 6, 2007.

(c) As of May 29, 2017, the principal of the first loan bonds is KRW 18,700,00 for the principal of the first loan bonds, KRW 59,216,60 for interest, KRW 17,649,50 for the principal of the second loan bonds, KRW 46,717,153 for interest.

G’s death and inheritance (1) G died on July 6, 2015, and the heir was the Defendant B, C, D, E, and F, the wife of the Defendant A and his children.

(2) The Defendants filed a qualified acceptance report with the Gwangju Family Court 2015-Madan214 and was tried on September 16, 2015 by the said court to accept the qualified acceptance report.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendants are obligated to pay the Plaintiff the claims for loans Nos. 1 and 2 within the scope of the property inherited from G, and the Defendants are obligated to pay damages for delay according to the respective amounts (the specific calculation details are as shown in the attached Table) specified in paragraph (1) of the disposition calculated according to their respective inheritance shares (the specific calculation details are the same as indicated in the attached Table) and the aforementioned agreement on each of the above loans from May 30, 2017.

B. The Defendants’ assertion as to the Defendants’ assertion is subject to a qualified acceptance report.

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