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(영문) 전주지방법원 2020.05.13 2019가단27484

대여금

Text

1. Within the limit of the property inherited from the network F, Defendant B shall be limited to 16,66,67 won, Defendant C, D, and E, respectively, 11.

Reasons

Facts of recognition

A. On October 31, 2013, the Plaintiff leased KRW 130,000 to Defendant D with interest rate of KRW 12% per annum and by October 31, 2016. Defendant D repaid KRW 80 million to the Plaintiff by October 31, 2016.

B. On November 1, 2016, the Plaintiff and Defendant D entered into a new loan agreement with the maturity of repayment of KRW 50,000,000 for the remaining loans, setting the interest as 10% per annum until November 1, 2019 and 10% per annum.

F on the same day, the F provided joint and several surety for Defendant D's above loan debt.

C. The F died on September 2, 2019, and as the heir of the network F, Defendant C, D, and E, the wife of the Defendant B and his children.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 3-1 to 14, determination of the purport of whole pleadings

A. According to the above facts, the Defendants succeeded to the net F’s joint and several debt obligations against the Plaintiff following the death of the networkF. As such, the Defendants’ legal share of inheritance of the Plaintiff, Defendant B is obligated to pay the Plaintiff 16,66,67 won (=50,00,000 won x 3/9,000 won x less than KRW 3/9), Defendant C, D, and E to KRW 11,111,111 won (=50,000 x 2/9,000 x less than KRW 2/9,000) and its interest rate from November 1, 2016 to December 12, 2019; Defendant B and C are obligated to pay interest rate from the following day to the 10% interest rate until the 10% interest rate per annum 28,199; and Defendant E is obligated to pay damages for delay by the 10% interest rate per annum 10,2019.

B. Meanwhile, according to the evidence Nos. 4-1, 2, and 1-1 of the evidence Nos. 4-1, 2, and 1-1, the Defendants filed a qualified acceptance report with the Jeonju District Court regarding the inheritance of property following the deceased F’s death, and the above court rendered a judgment accepting the above qualified acceptance report on December 3, 2019.

Where an inheritor has made a qualified acceptance, he/she shall only pay the inheritee's obligations within the limit of "property acquired by inheritance", but he/she shall succeed to the inheritance.