beta
(영문) 부산지방법원 2016.11.09 2016가합45109

대여금

Text

1. The Defendants shall within the scope of the property inherited from the network E:

A. 36,66,00 won and one of them shall be paid to Plaintiff A.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Plaintiff A’s KRW 100,000,000 on August 16, 2012 to E (hereinafter “instant primary appropriation”).

(2) The term “the second term” was set and lent as of August 30, 2012 and KRW 10,000,000 (hereinafter “the second term”) August 28, 2012.

(2) On February 14, 2012, Plaintiff B loaned KRW 155,00,000 (hereinafter “the third loan”) to E as of March 10, 2012; and on March 20, 2012, Plaintiff B loaned KRW 100,000 (hereinafter “the fourth loan”) to E as of March 20, 2012.

3) E (hereinafter referred to as “the deceased”).

Around April 19, 2013, the Defendants and F, who were their children, were the inheritor and died. Around April 19, 2013, the Defendants and F, were the inheritor. 【The fact that there was no dispute over the grounds for recognition, the entries in the evidence Nos. 2, 3, 5, and

B. According to the above facts of recognition, the Defendants are the deceased’s inheritors, barring special circumstances, and as the Plaintiff’s inheritors, KRW 36,66,00 (=3,333,000 + KRW 100,000 x 1/3,000 x less than KRW 1/3,00,00,00,00, among the principal and interest of the first and second loans in this case. The same applies to the Plaintiff A.

(2) The Defendants are obligated to pay 3,33,00 won (i.e., KRW 10,00,000 x 1/3) and delay damages therefrom (i.e., KRW 1/3) and 85,00,000 corresponding to the inheritance portion (i.e., the inheritance portion) out of the principal and interest of the third and fourth loans of this case to Plaintiff B. The Defendants are obligated to pay 5,67,000 won [ = 51,67,000 won (15,000 won x 1/3) x 1/3] 33,000 won (1,000 x 1/3] and delay damages therefrom. The Defendants’ assertion asserted that the Defendants reported a qualified acceptance. In full view of the purport of the arguments in the provisional number number x 2, the Defendants were liable to accept the deceased’s property from the Busan Family Court on June 18, 2013 to the effect that the Defendants reported a qualified acceptance.