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(영문) 서울남부지방법원 2017.09.19 2017가단223822

대여금

Text

1. The Plaintiff:

A. The Defendant shall pay KRW 13,33,33 and the annual interest rate of KRW 25% from December 6, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On June 2, 2011, the Plaintiff loaned 40,000,000 won to F to F, on March 5, 2018, the due date for repayment was 1% per annum, and the interest was paid on the 5th day of each month from December 5, 2016, with 25% per annum, and the interest was paid on the 25th day of each month from December 5, 2016, respectively.

From December 5, 2016, interest on the above loan was not paid and the benefit of time was lost.

B. The F died on December 6, 2016, and each of the designated parties indicated in the separate name of the Defendant and his/her wife, as his/her inheritor.

C. On February 21, 2017, the Defendant (Appointed Party) and the designated parties D, and E filed a petition for adjudication on the limited acceptance of inheritance under the High Government District Court Decision 2017-Ma278 on February 28, 2017, and the Defendant filed a petition for adjudication on the limited acceptance of inheritance under the same support No. 2017-Ma875 on June 27, 2017, to accept each report on the limited acceptance of inheritance as of July 8, 2017.

Each of the above trials was finalized as it is.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. An inheritor requesting against the defendant may grant simple acceptance, qualified acceptance or renunciation within three months from the date on which he becomes aware of the commencement of inheritance, but in case where the inheritor has made an absolute acceptance (including the case deemed to have made an absolute acceptance under subparagraphs 1 and 2 of Article 1026 of the Civil Act) without knowing the fact that his inherited obligation exceeds his inherited property within the above period without any gross negligence, a qualified acceptance may be made within three months from the date on which he becomes aware of such fact.

(Article 1019(1) and (3) of the Civil Act. No person may be aware of the fact that the inherited obligation exceeds the inherited property by gross negligence.

"If the inheritor paid a little attention, he/she did not know that his/her inheritance obligation exceeds the inherited property, he/she did not know such fact by neglecting it."