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(영문) 창원지방법원진주지원 2017.09.12 2016가단37927

양수금

Text

1. Within the scope of the property inherited from the deceased H, Defendant A, B, C, and D respectively 4,061,734 won, and Defendant E 1,740.

Reasons

1. Basic facts

A. On November 1, 1999, the Livestock Industry Cooperatives loaned KRW 20,000,000 to the deceased H on November 1, 2001, setting the repayment date.

(hereinafter “instant loan”). (b)

On September 16, 2014, the Plaintiff acquired the claim based on the instant loan from the macro livestock cooperative. As of November 21, 2016, the amount of the claim based on the instant loan is an attempted amount and KRW 20,308,669.

C. On May 3, 2010, the network H died. Although the Defendants and Nonparty I, J, K, and L inherited the network H, Nonparty I, but Nonparty I, J, K, and L filed a report of renunciation of inheritance on June 7, 2012, the said report was accepted on the grounds that Nonparty I, J, K, and L filed a report of renunciation of inheritance under the Busan District Court Decision 201Do1366, Jun. 7, 2012. The Defendants reported the inheritance approval granted by the Busan Family Court 2012-Ma1498, and the said report was accepted on June 14, 2012.

The inheritance shares of Defendant A, B, C, and D are 1/5, respectively, and Defendant E is 3/35, Defendant F, and G are 2/35, respectively.

[Ground of recognition] Defendant A: Judgment by public notice (Article 208(3)2 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): The remaining Defendants: The non-contentious facts; the entries in the evidence Nos. 1 through 6;

2. According to the above facts finding as to the cause of the claim, Defendant A, B, C, and D are obligated to pay to the Plaintiff KRW 4,061,734, respectively, within the scope of property inherited from the network H (=20,308,669 KRW 1/5), Defendant E is obligated to pay to the Plaintiff KRW 1,740,743 (=20,308,669 KRW 13/35), Defendant F, and G each KRW 1,160,495 (=20,308,669 KRW x2/35).

3. The plaintiff's claim of this case against the defendants is justified.