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(영문) 전주지방법원정읍지원 2019.08.22 2019가단1624

대여금

Text

1. Defendant B shall not exceed KRW 39.6 million and KRW 33 million to the Plaintiff within the scope of the property inherited from the network E.

Reasons

1. Determination as to the cause of claim

A. On April 2018, the network E borrowed KRW 33 million from the Plaintiff on a monthly basis and on February 28, 2019. (2) Defendant B is both the spouse of the network E, Defendant C, and D as the children of the network E. In the case of Defendant B, the qualified acceptance report, Defendant C, and D reported each renunciation of inheritance, and each of the reports was accepted by this Court on January 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

B. Determination 1) According to the above facts of recognition as to Defendant B, Defendant B, as the heir of the network E, has a duty to pay 15% per annum from April 20, 2019 to May 31, 2019, and 12% per annum from May 31, 2019 to the day after the original copy of the decision of the instant payment order was delivered to Defendant B, and 33 million won per annum from May 2019 to the day after the completion of payment, based on the premise that the Plaintiff’s claim for damages for delay was without merit as to Defendant CD’s inheritance, based on the premise that: (a) the Plaintiff’s claim for damages for delay was based on the assumption that: (b) the Plaintiff’s claim for waiver of the inherited property against the above Defendant CD was made; and (c) the Plaintiff’s claim for damages for delay as to the inherited property.

2. In conclusion, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C and D is dismissed as it is without merit. It is so decided as per Disposition.