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(영문) 서울중앙지방법원 2017.06.26 2016가단5222067
대여금
Text

1. Within the scope of the property inherited from the network D, to the Plaintiff:

A. Defendant A: 16,566,472 won and 12,65.

Reasons

1. Determination as to the cause of claim

A. 1) On September 25, 2013, the Plaintiff is deceased on September 25, 2013 (the death on August 11, 2016, hereinafter “the deceased”).

(1) each of the loans extended to 30,000,000 won at interest rate, interest rate of 36.5% per annum, and interest rate of 36.5% per annum on repayment method (hereinafter “instant loan”).

(2) From July 26, 2016, the Deceased lost the benefit of time due to delay in payment of principal and interest.

The interest and overdue interest on the loan of this case until May 29, 2017 are KRW 9,102,271, and the principal that has not been repaid is KRW 29,552,832.

3) Defendant A and C, the wife of the deceased, were the heirs of the Defendant A and their children. The report on the inheritance limited recognition of the Defendants’ inheritance (U.S. District Court 2016 was accepted on February 3, 2017 (U.S. District Court 2559) was accepted on February 3, 2017.

B. According to the above facts, the court below found that ① Defendant A is within the scope of property inherited from the Deceased; ② Defendant A is within the scope of property inherited from the Deceased; ② KRW 16,56,472 [the principal amount of KRW 38,65,103 [the principal amount of KRW 29,52,52,832 [the interest and overdue interest amount of KRW 9,102,271] x inheritance share 3/7; hereinafter the same shall apply]; ② KRW 12,65,49 [the principal amount of KRW 29,52,832 x inheritance share 3/7]; ② Defendant B and C are liable to pay the principal amount of KRW 11,04,315 x inheritance share of KRW 38,65,103 x inheritance share of KRW 2/76 x delay interest rate of KRW 25,252,83 x delay interest rate of KRW 35,275 x delay interest rate of each of KRW 2537 /7).

2. Thus, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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