beta
(영문) 서울동부지방법원 2020.05.19 2019가단145985

대여금

Text

1. The defendant shall, within the scope of the property inherited from the deceased C, pay to the plaintiff KRW 122,80,000 and the plaintiff shall be entitled to KRW 122,80,00.

Reasons

1. According to the overall purport of the statements and arguments by Gap evidence Nos. 1 and 2 and Eul evidence Nos. 2-1 and 2 as to the cause of the claim, the plaintiff lent KRW 185,00,000 to Eul from February 2, 2018 to December 2018, but the plaintiff was paid KRW 62,80,000 and did not receive the remainder of KRW 122,80,000; Eul died on August 8, 2019; Eul was the defendant, D, and Eul was the heir; the defendant applied for a qualified acceptance, D, and Eul applied for a refusal trial on renunciation of inheritance under the head of Suwon Family Court as the head of Suwon Branch of 2019Mo169.

According to the above facts, the defendant is obligated to pay to the plaintiff 122,80,000 won within the scope of the property inherited from the deceased C and damages for delay calculated at the rate of 12% per annum from March 24, 2020 to the day of complete payment, which is the day following the delivery of the copy of the application for modification of the claim of this case.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.