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(영문) 수원지방법원 2016.05.17 2016가단503028

대여금

Text

1. The defendant shall not exceed KRW 125,00,000 and KRW 25,00,000 among them to the plaintiff within the scope of the property inherited from the deceased C.

Reasons

1. In full view of the purport of the entire arguments in the statements in Gap evidence 1-1-4, Gap evidence 1-2-1-2, Eul evidence 2-1-2, and Eul evidence 3-1-6, the plaintiff loaned 25,000,000 won to D on April 25, 2006 with the agreement on May 3, 2006, and the plaintiff lent 50,000,000 won to D on September 6, 2006 by the agreement on September 13, 2006. The plaintiff lent 50,000,000 won to D on August 16, 2007 by the agreement on August 26, 2007, D's death on July 2, 2013 and the fact that D's property was inherited by the plaintiff as a lineal descendant and E's wife.

2. Comprehensively taking account of the overall purport of the pleadings in each of the statements No. 1 and No. 2-1 and No. 2, E filed a report on the renunciation of inheritance by the deceased’s deceased’s deceased’s deceased’s deceased’s deceased deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased status on July 9, 2013, and the Seoul Family Court accepted the report on the renunciation of inheritance on September 24, 2013 by the Seoul Family Court. On July 9, 2013, the Defendant reported the qualified acceptance by attaching the list of inherited property to the deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased property under the Seoul Family Court Decision 2013Ma5979, Jul. 9, 2013.

3. Therefore, the defendant has a duty to claim against the plaintiff about 125,00,000 (25,000,000,000,000) and about 25,00,000,00 of the above loans within the scope of inheritance of property from the network D and about 25,00,000 of them, the following day after the due date for payment shall be May 4, 2006; 50,000,000 won from September 14, 2006,50,000,000 from August 27, 2007, which is the next day after the due date for payment, to claim against the plaintiff as to the existence and scope of each obligation for payment from August 27, 2007 to May 17, 2016, and to pay damages for delay at the rate of 15% per annum as stipulated in the above Special Act for the Promotion of Legal Proceedings.