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(영문) 창원지방법원 2018.12.12 2018가단5891

대여금

Text

1. The Defendant: (a) KRW 100,000,000 within the scope of the property inherited from the networkD to the Plaintiff; and (b) on the part of the Plaintiff, on January 2018.

Reasons

1. On April 10, 2017, the Plaintiff lent KRW 100,00,00 to the deceased D (hereinafter “the deceased”) on both the 13th day of the same month and April 13, 2017. The Deceased died on September 18, 2017 while the Plaintiff was unable to repay the above money borrowed to the Plaintiff. The Defendant, who was his/her wife, solely inherited the deceased’s obligation on his/her own, but on May 15, 2018, filed a report on the qualified acceptance of inheritance with respect to the deceased on May 15, 2018, the fact that the said report was accepted on May 15, 2018 ( Daegu Family Court Decision 2017Ra1059) may be recognized either as a dispute between the parties or by the statements in Gap evidence 1 through 6, and Eul evidence 1.

2. According to the above facts of recognition, the defendant who inherited the deceased and the qualified acceptance was made shall be liable to pay damages for delay calculated at the rate of 100,000,000 per annum under the Civil Act from May 16, 2018 to December 12, 2018, which is the day following the day on which the copy of the complaint of this case was served on the defendant, as requested by the plaintiff, within the scope of the inherited property of the deceased, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment, to December 12, 2018.

3. If so, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.