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(영문) 서울중앙지방법원 2017.08.29 2016가단5134443
대여금
Text

1. The defendant shall pay to the plaintiff KRW 38,020,835 as well as KRW 16,817,222 among them, from April 23, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 23, 2007, B entered into a loan transaction agreement (hereinafter “the instant loan agreement”) with the FL Savings Bank, which provides for KRW 78 million of the loan principal, interest rate of KRW 10,000,000 of the loan principal, interest rate of 22% of the overdue interest rate (if delay is made in excess of 6 months, plus 12% of the agreed rate).

B. B died on December 7, 2008, and his heir had four children, the wife, the Defendant and four children.

C. As interest payment under the instant loan agreement was delayed, the benefit of June 1, 2010 was lost.

The Plaintiff received the transfer of claims under the instant loan contract by the Flad Savings Bank (which seems to change the trade name of the Flad Savings Bank) upon the decision to transfer contracts by the Financial Services Commission.

E. As the Plaintiff recovered KRW 16,302,842 as of March 12, 2015, and KRW 34,010 as of April 23, 2015, the remaining principal of the loan is KRW 61,663,148 ( KRW 78,00,000 - KRW 16,302,842 - 34,010) and the overdue interest until April 22, 2015 (the amount calculated by applying the overdue interest rate of 20% as requested by the Plaintiff) is the aggregate of KRW 77,746,583.

[Ground for Recognition: Facts without dispute, Gap 1, 2, Gap 4-6, Gap 11, each entry, and the purport of the whole pleadings]

2. According to the determination on the cause of the claim, the Defendant, the deceased’s heir, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum, which is the overdue interest rate pursuant to the Plaintiff’s claim, from April 23, 2015 to April 23, 2015, with respect to KRW 38,020,835 [the amount calculated by multiplying the total amount of the principal and interest obligations under the instant loan agreement by inheritance shares (the outstanding principal 61,663,148 + overdue interest 77,746,583 + inheritance shares x 3/11] and KRW 16,817,222 (the remaining principal loan x inheritance shares 61,63,148 x inheritance shares 3/11).

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

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