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(영문) 광주지방법원 2014.12.23 2014가단36660

대여금

Text

1. The plaintiff within the scope of the property inherited from the network D, and the defendant A 17,684,433 and 17,142 among them.

Reasons

1. Basic facts

A. On April 15, 2009, the net D has been granted a loan of KRW 40 million from the Plaintiff on April 15, 2015 due to the expiration date of the lending period. However, on July 18, 2014, the Plaintiff lost its interest due to failure to repay the principal and interest of the loan. As of July 18, 2014, the principal and interest of the loan was KRW 41,263,679 (i.e., principal amount of KRW 40,000,000 and overdue interest of KRW 1,263,679).

B. The deceased D’s death on April 4, 2014, and Defendant A, his bereaved family spouse, was jointly inherited the deceased D’s property at the rate of 3/7 shares and 2/7 shares, respectively.

C. On June 10, 2014, the Defendants filed a petition for adjudication on the limited recognition of inheritance with the Gwangju Family Court 2014 Madan1014, and was adjudicated as of July 4, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence (including paper numbers), Eul 1 evidence, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are held liable to repay the obligations of this case within the scope of the net D's inherited property, since they received an adjudication to accept qualified acceptance from the Gwangju Family Court after jointly succeeding the network D's property.

Therefore, within the scope of the property inherited from the network D, Defendant A is obligated to pay to the Plaintiff the amount of KRW 17,684,43, and the principal amount of KRW 17,142,857, which correspond to one’s own shares in inheritance among the principal and interest of the above loan amounting to KRW 41,263,679, and KRW 11,428,571, among the principal and interest of the above loan amounting to KRW 41,263,679, respectively, and the principal and interest of KRW 11,428,571, each of which correspond to one’s own shares in inheritance, from July 19, 2014, which is the day following the date of calculation of the final interest rate for each principal, from July 19, 2014, to October 8, 2014, which is the date of final delivery of the copy of the complaint of this case, and damages for delay calculated at a rate of 20% per annum.

3. Thus, the plaintiff's claim against the defendants is justified and all of them are accepted.