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(영문) 춘천지방법원영월지원 2015.11.11 2015가단675
대여금
Text

1. The Defendants, within the scope of the property inherited from the network E, shall not exceed KRW 10 million for each Plaintiff, respectively.

Reasons

1. Facts of recognition;

A. On August 16, 2003, the Plaintiff set the maturity of KRW 30 million as of December 30, 2003 to the deceased E (hereinafter “the deceased”).

B. The Deceased died on June 30, 2012, and was convicted of co-inheritors, who were co-inheritors. Defendant B and C were subject to an inheritance limited recognition trial as to July 23, 2014, and Defendant D received inheritance limited recognition trial as the same court 2014Mo90 on July 23, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. According to the determination as to the cause of the claim, the Defendants are obligated to pay each of the damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 17, 2015 to September 30, 2015, which is the day following the delivery of a copy of the complaint to the Plaintiff, within the scope of the property inherited from each deceased. The Defendants are obligated to pay each of the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 1, 2015 to the day of full payment.

[However, as the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553) was promulgated on September 25, 2015 and enforced on October 1, 2015, the claim for damages for delay exceeding the above recognition scope is dismissed. 3. As such, the plaintiff's claim for this case is accepted within the above recognition scope as reasonable, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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