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(영문) 대구지방법원김천지원 2016.03.31 2015가단6735

대여금

Text

1. Defendant A: 12.11% per annum from August 6, 2015 to March 31, 2016, as well as from 18,428,571 won among them.

Reasons

1. Basic facts

A. On October 12, 2010, the Plaintiff lent KRW 43,000,00 to D (hereinafter the instant loan), and on August 5, 2015, the principal and interest of KRW 43,660,594 as of August 5, 2015, the agreed interest rate and interest rate for delay are 12.1% per annum.

B. D A died on May 3, 2015, and Defendant A is his wife, Defendant B, and C’s children.

C. The Defendants reported the renunciation of inheritance as of July 6, 2015, and the said report was accepted on September 7, 2015.

(2015 Magju Family Court 20143) d.

On the other hand, on May 8, 2015, Defendant A received KRW 3,403,237 of the remainder after subtracting the loan balance of KRW 66,504,264 from KRW 69,907,501 from the deposit money of the deceased for the said Nonghyup. On May 13, 2015, Defendant A received retirement allowances of KRW 62,671,418 from the deceased for the said Nonghyup.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the result of the order to submit documents to E agricultural cooperatives, the purport of the whole pleadings

2. According to the above facts of recognition, the deceased’s heir is obligated to repay the debt of this case to the plaintiff. The Defendants are the first heir of the deceased, but they were not the heir, barring any special circumstance, as long as they renounced inheritance as seen above on July 6, 2015, barring any special circumstance, so their claims against the defendant B and C were deemed not to have been the heir. In the case of the defendant A, the heir is deemed to have granted simple approval when the heir performed a disposal act on the inherited property (Article 1026 subparag. 1 of the Civil Act). Collection of the debt of the deceased by the heir to collect the debt of the deceased constitutes a disposal act on the inherited property (Supreme Court Decision 2009Da84936 Decided April 29, 2010), and the inheritance refusal constitutes a disposal act on the inherited property (Supreme Court Decision 2009Da84936 Decided May 8, 2015 and May 13, 2015).