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(영문) 서울동부지방법원 2017.09.29 2016가단111639

대여금

Text

1. The Defendants are limited to KRW 20,000,000, respectively, within the scope of property inherited from the network D (E) to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. In addition to the purport of the entire pleadings in the statement of evidence No. 1 as to the cause of the claim, the Plaintiff loaned KRW 40,000,000 to D (E) on February 5, 2009 at one month after the due date for repayment of one month, and at 2% of interest per month (hereinafter “the instant loan”). The Defendant B and C inherited the property of D on November 21, 2015 by the Plaintiff’s death on November 21, 2015.

According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff KRW 20,000,000 (=40,000,000 x 1/2) of the instant loans and interest thereon, barring any special circumstance.

B. Defendant B’s defense as to the defense was a defense that the Plaintiff could not respond to the Plaintiff’s claim since Defendant B accepted the inheritance limit of the deceased’s deceased deceased status D, and as such, Defendant B filed a report on the inheritance limited recognition with the Seoul Family Court and received the said report from the above court under 2016-Ma4689, there is no dispute between the parties. Thus, Defendant B is obligated to pay the said amount of money within the scope of the property inherited from the deceased D.

I would like to say.

Therefore, Defendant B’s defense is reasonable.

C. If so, Defendant B is obligated to pay to the Plaintiff KRW 20,000,000 within the scope of the property inherited from the network D and interest calculated at the rate of 24% per annum from March 6, 2009 to the date of full payment.

2. Determination as to the claim against Defendant C

A. (i) The following facts as to the claim as joint and several sureties do not conflict between the parties, or may be acknowledged in the statement No. 1 of the evidence by adding the whole purport of the pleading to the whole purport of the pleading.

㈎ 망 D은 원고로부터 제1의 가항 기재와 같이 돈을 차용할 당시 원고에게 차용증(이하 ‘이 사건 차용증’이라 한다)을 작성하여 준 바 있는데, 당시 차용증에 피고 C을 연대보증인으로 기재하고, 그 옆에...