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(영문) 서울북부지방법원 2016.11.25 2016가단114238

대여금

Text

1. Defendant C shall pay 20,000,000 won to the Plaintiff and 24% per annum from February 20, 2016 to the day of full payment.

Reasons

1. Determination as to the claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. On July 19, 2013, the Plaintiff lent to the network D the Plaintiff’s wife KRW 50 million at interest rate of 24% per annum. The network D paid to the Plaintiff interest on the said loan by January 21, 2016 through the account under the name of E. (2) The network D died on February 5, 2016, and his heir was the Defendant C and his wife.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 7-1, 7-2, and the purport of the whole pleadings

B. According to the determination on the cause of the claim, barring any special circumstance, Defendant B is obligated to pay the Plaintiff the amount of KRW 30 million (50 million x 3/5) equivalent to his legal share of the net D’s loan obligations, and interest thereon or delay damages.

C. Defendant B’s assertion as to Defendant B’s assertion is alleged to be unable to respond to the Plaintiff’s claim because it renounced inheritance against D, and thus, according to the overall purport of the pleadings, Defendant B filed a report on the renunciation of inheritance with Seoul Family Court Decision 2016Ra2448 on March 21, 2016 and filed the said report on June 14, 2016. Thus, the above assertion by Defendant B is with merit.

As to this, the Plaintiff asserts that Defendant B sold the above real estate to a third party on February 18, 2016, which was before Defendant B filed a report of renunciation of inheritance, that Defendant B should be deemed as having granted statutory simple approval pursuant to Article 1026 subparag. 1 of the Civil Act.

Pursuant to Article 830(1) of the Civil Act.