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(영문) 대구지방법원서부지원 2016.02.18 2015가단1486

대여금

Text

1. The defendant shall not exceed 5,694,733 won and KRW 5,555,555, within the scope of the property inherited from the deceased C.

Reasons

1. Basic facts

A. On February 1, 2010, the Plaintiff loaned KRW 25 million to C as the interest rate on January 30, 2014.

B. C A deceased on December 15, 2014 and succeeded to the property of D, children E, F, and the Defendant’s spouse.

C. Meanwhile, on March 10, 2015, the said inheritor filed a report on the approval of the inheritance with the Daegu Family Court No. 2015-Ma360 and was tried to accept the said report from the said court.

The principal and interest of the instant loan accrued until the date of the instant lawsuit is KRW 25,626,301.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts found in the determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff 5,694,733 won (=25,626,301 won x 2/9) based on the inherited portion among the inherited debts (=25,626,301 won x 2/9) and 5,55,555 won (=25,00,000 x 2/9) based on the Plaintiff’s claim and application form for change of cause as sought by the Plaintiff, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 29, 2015 to September 30, 2015, and damages for delay calculated annually by 15% from the next day to the day of full payment.

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