logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.07.19 2015가단51285
대여금
Text

1. The Defendants are 25.9% per annum with respect to each of the Plaintiff’s KRW 8,557,096 and each of the said KRW, respectively, from June 9, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 9, 2014, the deceased C (hereinafter “the deceased”) entered into an erroneous agreement between the Plaintiff and the Deceased with a view to equally repaying the principal and interest during 36 months with a loan of KRW 45,000,000 from the Plaintiff as the purchase fund for the scood season and the interest rate of KRW 13.9% per annum and an overdue interest rate of KRW 25.9%.

B. On July 8, 2015, the Deceased lost the benefit of time according to the terms and conditions of credit transaction with the Plaintiff by delaying the repayment of loans to the Plaintiff.

C. As of June 20, 2016, the remainder of the loan principal of the deceased’s Plaintiff is KRW 17,114,193.

On December 23, 2014, the Deceased died (if the obligor is an individual according to the basic terms and conditions of the foregoing credit transaction, profits arising therefrom shall be lost), and the Defendants are children of the Deceased.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-6, Eul evidence No. 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants, as the deceased’s inheritor, are obligated to pay to the Plaintiff the balance of loans (i.e., the balance of loans 17,114,193 x 1/2 of each inheritance shares of the Defendants x less than KRW 1/2 of each inheritance shares of the Defendants) and damages for delay calculated at the rate of 25.9% per annum from June 9, 2016 to the date of full payment, as the Plaintiff seeks.

3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

arrow