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(영문) 부산지방법원 2019.11.28 2019나51185

대여금

Text

1.With respect to the Defendant (Appointed Party) and the appointed parties among the judgments of the first instance court, including the claims modified by this Court.

Reasons

1. Determination as to the cause of claim

A. Facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 to 3, Eul evidence Nos. 2, Eul evidence Nos. 1 and 2, Eul evidence No. 1, Eul evidence No. 4 and 5, and the whole purport of the arguments and arguments.

D On July 25, 2012, the Plaintiff entered into a loan transaction agreement with the terms of 20,000,000 won, interest rate of 16.5% per annum, interest rate of 28.5% per annum, interest rate of 28.5% per annum, and period of 36 months.

(hereinafter “instant loan”). (b)

Some of the principal and interest of the instant loan were repaid until May 1, 2013, and the instant loan remaining as of March 23, 2018 is KRW 40,192,069, totaling KRW 16,840,430, interest and other expenses 23,351,639.

C. D’s wife on March 14, 2013, as well as his wife and co-inheritors in the first instance trial, the co-defendant G and network D’s children were co-inheritors with respect to each network D. On June 20, 2013, G was rendered a judgment of acceptance of qualified acceptance on the inheritance of the network D’s property as the Suwon District Court 2013Ra1016, Jun. 20, 2013. H was issued a judgment of waiver of inheritance on the inheritance of the network D’s property as Suwon District Court 2013Ra854 on June 10, 2013.

As such, H, which was a first-class co-inheritors, was the second-class co-inheritors, due to the renunciation of inheritance as seen above, G and the co-inheritors were the deceased on March 5, 2015. C’s wife, the deceased on March 5, 2015, Co-Defendant I and I of the first-class co-inheritors are not the wife of the network C or the network D.

The children of the network C were co-inheritorss of the deceased J, the Defendant (Appointed Party), the Appointed Party, E, F and G, and H were co-inheritors of the deceased C.

(G) G and H, as the wife and children of the network D that died earlier than the network C, inherited the net C’s property on behalf of the deceased).

I was tried to accept qualified acceptance regarding the inheritance of the deceased D's property by Suwon District Court 2018Ra2100 on February 7, 2019, and J was tried to accept qualified acceptance on December 19, 2018 as Suwon District Court 2018Ra2123 on December 19, 2018.

(f).