대여금
1. The Plaintiff:
A. Defendant C is KRW 120,000,000, and 5% per annum from January 6, 2005 to January 17, 2015.
On January 5, 2005, the Plaintiff loaned KRW 120 million to Defendant B, D, E, and F on the ground that the Plaintiff was jointly and severally liable for the network G (hereinafter “the network”) and Defendant C.
On March 18, 2014, the Deceased died, and there is Defendant D, E, and F, who is his spouse, as the inheritor of the Deceased.
On April 18, 2014, Defendant B, D, E, and F filed a petition for an adjudication on the inheritance of the deceased’s property (Seoul Family Court Decision 2014Mo3702) and was accepted on July 3, 2014.
【In light of the fact that there is no dispute, Gap evidence Nos. 1-2, and Eul evidence Nos. 1-1, 2-2, and 1-1, and the purport of the whole pleadings, the obligation of the deceased to the plaintiff of the deceased of KRW 120 million is inherited in accordance with the inheritance shares (= KRW 120 million x 3/9 x 3/9), Defendant D, E, and F, respectively (= KRW 120 million x less than KRW 2666,66 x less than KRW 22/9, and less than KRW 29).
However, since the defendant B, D, E, and F was judged on the limited acceptance of inherited property, they are obligated to pay the above amount within the scope of inherited property of the deceased.
The claim against Defendant C is indicated above 1.A.
1) The same as stated in the statement. The provisions of Articles 208(3)3 and 194 of the Civil Procedure Act of the applicable provisions of the Acts apply to the Plaintiff. (1) The defendant C shall pay interest or delay damages at the rate of 5% per annum under the Civil Act from January 6, 2005 to January 17, 2015, the delivery date of the application for the payment order of this case and a copy of the application for correction of the cause of claim from January 6, 2005 to January 17, 2015, and interest or delay damages at the rate of 20% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the day of full payment; (2) the above amount jointly and severally with the defendant C within the scope of inherited property of the deceased; and (3) from January 6, 2005 to January 25, 2014 to the delivery date of the application for payment order of this case and the application for correction of claim.