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(영문) 창원지방법원통영지원 2016.05.03 2015가단8819

대여금

Text

1. The Plaintiff is within the scope of property inherited from the network D, Defendant B is within the scope of property, Defendant B is KRW 5,769,230, and Defendant C.

Reasons

Facts of recognition

On October 24, 2014, the Plaintiff loaned KRW 25 million to D as of February 20, 2015.

D The heir died on February 7, 2015, and the heir is the Defendant (Appointed Party) C and the designated parties (hereinafter collectively referred to as “Defendant, etc.”) who are the wife’s children between Defendant B and the former wife I.

The Defendant, etc. was served with the instant warden on December 2, 2015.

Defendant B filed a report on January 11, 2016, Defendant C, and the designated parties, respectively, on January 20, 2016, with respect to the inheritance limited recognition with each Gwangju District Court’s 2016-Madan26 and 2016-Ma63.

On the other hand, after the death of the network D, 4.9 tons of vessel J (Gu K) was transferred in the name of Defendant B, which was owned by the network D on February 23, 2015.

Defendant B sold the above vessel at KRW 15 million to L on September 15, 2015.

Defendant B paid the net D’s debt with the above payment as follows:

[Along with the termination of February 23, 2015, the debtor had been D, and after D death, the debtor was changed to the debtor on the same day. The debtor is also aware that the secured debt is also a debt owed to M (N) before D’s birth in light of the evidence column. The creditor’s amount of debt repayment and evidence of non-performance of the secured debt are as follows: (i) on September 15, 2015; (ii) on October 2, 2015; (iii) B-3-3; (iv) on October 13, 2015; and (iv) on October 14, 2015; (iii) on October 14, 2015; and (iv) on October 14, 2015, the Civil Act provides that the heir No. 3-1300,000 won or 4; and (iv) on October 14, 2015, the heir No. 3-150,015.