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(영문) 서울남부지방법원 2016.07.14 2015가단17184
대여금
Text

1. Within the scope of the property inherited from the network G, the Defendants respectively were KRW 7,750,163 and KRW 5,823.

Reasons

1. Facts of recognition;

A. On February 26, 2014, the Plaintiff loaned the amount of KRW 195,50,000 at the interest rate of KRW 9.7% per annum, 24% per annum, and 72 months with the repayment period (68 months with the grace period of four months).

B. On March 22, 2015, G died on March 22, 2015, G’s husband and children renounced their inheritance, the Defendants inherited G, which were siblings, and the Defendants were adjudicated on September 21, 2015 on the receipt of a qualified acceptance report on the inheritance of the deceased’s property.

C. The total amount of loans remaining as of April 6, 2015 is KRW 11,560,874 in total, including principal amount of KRW 34,940,107, overdue interest, etc., and the total amount of principal and interest of KRW 46,50,981 in total.

[Reasons for Recognition] Evidence Nos. 1 to 4, Evidence No. 1 to 1, and the purport of the whole pleadings

2. According to the facts of the above recognition, the defendants are obligated to pay to the plaintiff 7,750,163 won (46,50,981 won x2/12, less than won; hereinafter the same shall apply) and 5,823,351 won ( KRW 34,940,107 KRW x2/12) corresponding to the loan principal within the scope of the property inherited from the network G, with 24% interest per annum from April 7, 2015 to the day of full payment. Thus, the plaintiff's claim against the defendant A is justified only within the scope of the above recognition, and it is dismissed as the remainder of the claim against the other defendants, and all of the claims against the other defendants are accepted.

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