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(영문) 서울중앙지방법원 2018.10.11 2018가단10911

대여금청구의 소

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 226,869,843 and KRW 205,620,517 among them, from January 27, 2018 to the date of full payment.

Reasons

1. The facts of the basis for appeal Nos. 1 and 2-1 to 3, 13, and 4 can be acknowledged as the grounds for appeal in the annexed form comprehensively taking into account the whole purport of the pleading.

2. Determination on the cause of the claim

A. According to the facts found by the Defendant’s above recognition of the obligation to pay the unpaid principal and overdue interest as the deceased’s heir, the Defendant is obligated to pay the net damages for delay calculated at the rate of 15% per annum from January 27, 2018 to the day of complete payment, with respect to KRW 226,869,843 in total and KRW 205,620,517 in total, the outstanding principal and overdue interest.

B. The defendant's assertion argues that since the defendant filed a report on the fixed acceptance of inheritance and filed a report on the fixed acceptance of inheritance, the defendant is responsible for the repayment of the above debts only within the scope of the inherited property from the deceased B when the qualified acceptance adjudication is made.

According to the evidence evidence Nos. 1 and 1, the defendant may recognize the fact that the defendant filed a report on the inheritance limited recognition with the High Government District Court's High Court's High Court's High Court's High Court's High Court's High Court's 2018-Ma621. However, since there is no evidence to acknowledge the fact that the judgment on the qualified acceptance was issued, it cannot be deemed that the legal effect of the qualified acceptance has been achieved. Thus, the defendant's above assertion that the defendant

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.