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(영문) 서울동부지방법원 2017.10.18 2016가단35711

대여금

Text

1. The Plaintiff:

A. Defendant B, C, D, and G are subject to KRW 27,857,142, respectively, within the scope of the property inherited from the network I.

Reasons

1. Facts of recognition;

A. From July 30, 2009 to February 2, 2012, the Plaintiff lent KRW 195,000,000 to Nonparty I on nine occasions.

B. I died on July 29, 2012.

C. The defendants are the successors of I. The defendants.

Defendant E: the rest of the spouse of the BJ (Death); I’s penalty;

D. Defendant B, C, D, and G filed a qualified acceptance report with the Seoul Family Court 2013 D, 1058, and the said report was accepted on May 20, 2013.

[Reasons for Recognition] Facts that there is no dispute between the parties or do not clearly dispute between them, Gap evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants [Provided, That the Defendants [limited to the scope of property inherited from Defendant B, C, D, and G] are obligated to pay to the Plaintiff 27,857,142 won (195,00,000 won x 1/7) corresponding to their respective shares of inheritance (1/7) among the above loans 195,00,000 won (1/7) and damages for delay calculated at the rate of 15% per annum under the Civil Act from June 25, 2017, which is the date the duplicate of the complaint of this case finally served on the Defendants, to which it is deemed reasonable to dispute the existence and scope of the Defendants’ obligations, from October 18, 2017, which is the date the judgment of this case is rendered to the Defendants.

The plaintiff's assertion is justified within the above scope of recognition.

3. Some of the Plaintiff’s claims are accepted.