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(영문) 춘천지방법원원주지원 2016.10.18 2016가단3569

대여금

Text

1. As regards Defendant B’s KRW 33,00,000 and KRW 13,000 among them, Defendant B shall be from July 31, 2009 to the Plaintiff, and 10,000 among them.

Reasons

1. In full view of the purport of evidence No. 1 and the whole pleadings, Defendant B prepared a loan memorandum (Evidence No. 1) stating that on July 28, 2008, KRW 33 million shall be repaid to the Plaintiff, and on July 30, 2009, KRW 13 million among them shall be paid up until July 30, 2009; up to October 30, 2009, the remainder of KRW 10 million shall be repaid up to December 30, 2009; and on December 30, 2009, C jointly and severally guaranteed the Defendant B’s debt based on the above loan sheet; and C died on October 1, 2013, and each of its heirs reported to the Family Court as the heir, Defendant D, Defendant E, Defendant GF, Defendant DF, Defendant EF, and Defendant C’s inherited property as the heir, and reported to 315/105/31, 201.

2. Determination

A. According to the above facts of recognition as to Defendant A, Defendant A is obligated to pay to the Plaintiff KRW 3,00,000 and KRW 13,000,00 among them, from July 31, 2009, which is the day following the due date for payment, for KRW 10,000,000 among them, from October 31, 2009, the following day following the due date for payment for KRW 10,000,00, and from December 31, 2009, for KRW 10,000 from December 31, 209, the following day following the due date for payment for KRW 10,00,00, and from September 3, 2016, it is evident that each Defendant A is the delivery date of a copy of the complaint for each Defendant A from December 31, 209 to September 3, 2016, damages for delay calculated by 15% per annum under the Civil Act.

(1) The plaintiff claimed for damages for delay from July 31, 2009 for the total amount of KRW 33,000,000, but the plaintiff's claim exceeding the above damages for delay is without merit).

Since the qualified acceptance of partial inheritance against the remaining Defendants is not limited to the existence of an obligation, but limited to the scope of liability, so long as the inheritance obligation is recognized even if the qualified acceptance of inheritance is recognized, the court shall have no inherited property or inherited property.