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(영문) 서울동부지방법원 2019.06.27 2018가단143319

대여금

Text

1. The Plaintiff is within the scope of each network D (E)’s inherited property, Defendant B is within the scope of each network D’s inherited property, Defendant C is within the scope of KRW 30,000,000, and Defendant C is within the scope of KRW 45,000.

Reasons

1. Facts of recognition;

A. On March 25, 2010, the Plaintiff lent KRW 75,000,00 to D (E) upon the due date set on July 30, 2010. D issued, on March 25, 2010, a promissory note amounting to KRW 75,00,000 at face value to the Plaintiff for the payment of the said claim, and notarized it.

B. D died on September 10, 2013 without paying the above debt.

C. The deceased’s heir is Defendant B, F, and G, the spouse of Defendant C and his/her children, and F and G filed an application for renunciation of inheritance with the Gwangju Family Court No. 2013-Ma1882 after the deceased’s death, and the above court accepted it on November 5, 2013, and thus, the deceased’s heir became the Defendants.

The Defendants filed an application with the Gwangju Family Court for the approval of the limited-liability inheritance under the 2013-Madan1883, and the said court tried to refer to it on November 5, 2013, and the said judgment became final and conclusive on November 8, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff KRW 30,00,000 (=75,000,000 x 2/5) to the Plaintiff, Defendant C is obligated to pay damages for delay calculated at each rate of KRW 45,00,000 (=75,000,000 x 3/5) and each of them from July 31, 2010 until January 8, 2019, the delivery date of a copy of the complaint of this case, and 5% per annum under the Civil Act until January 8, 2019, which is the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day until the day of full payment.

3. Conclusion, the Plaintiff’s claim against the Defendants is accepted within the scope of the above recognition, and the remainder is dismissed. It is so decided as per Disposition.