대여금
1. Defendant C is entitled to KRW 31,790,00 within the scope of the property inherited from the network D, and as from August 17, 2016.
1. Basic facts
A. From November 6, 201 to September 3, 2014, the Plaintiff lent a total of KRW 31,790,000 to the network D (hereinafter “the deceased”) over twenty occasions. Of the said money, the Plaintiff directly remitted KRW 18,40,000 to the Deceased, and the remainder KRW 13,390,000 to the account in the name of E, F, and G.
B. On September 28, 1982, the Deceased reported a marriage with Defendant B on September 28, 1982, and became a legally married couple, and the agreement on January 5, 2004 was shared.
C. On the other hand, the deceased died on April 22, 2015, and his heir was the Defendant C, who is his heir. On May 7, 2015, the Defendant C filed a petition for a trial on inheritance limited recognition with the Seoul Family Court 2015-Ma4250 on June 2, 2016.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 6 through 11 (including each number), Eul 1 and 2, and the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant C, Defendant C, the inheritor of the deceased, is obligated to pay 31,790,000 won loans within the scope of the property inherited from the deceased, and damages for delay calculated at the rate of 15% per annum from August 17, 2016 to the day of complete payment, as requested by the Plaintiff, pursuant to the Plaintiff’s claim.
3. Determination as to the claim against the defendant B
A. Defendant B and the Deceased were legally divorced on January 2004, but from around April 2010, the Plaintiff’s assertion maintained de facto marriage relationship while living together in the same residential area.
From December 9, 2011 to October 6, 2013, the Deceased borrowed a total of KRW 18,400,000 (hereinafter “instant loan”) from the Plaintiff on 111 occasions, and used it for daily home affairs, such as household expenses of the Deceased.
Therefore, Defendant B is jointly and severally liable for the debt arising from the household affairs as stipulated in Article 832 of the Civil Act. Thus, Defendant B shall pay KRW 18,400,000 and damages for delay.