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(영문) 전주지방법원남원지원 2019.11.06 2019가단10348

대여금

Text

1. The Defendant: (a) within the scope of the property inherited from the deceased C by the deceased C; and (b) on April 2019, the amount of KRW 70 million and the same.

Reasons

The following facts may be acknowledged by adding the whole purport of the pleadings to the statements in Gap evidence Nos. 1 through 3, which have no dispute between the parties.

On January 4, 2019, the Plaintiff loaned KRW 70 million to the Network C (hereinafter referred to as “the deceased”) at the due date of repayment on April 4, 2019 and at the 2% (after the due date of repayment) of the delayed interest rate.

The Deceased died on March 1, 2019, and his heir has D and E, the spouse of the Defendant and his child.

D and E received the adjudication on acceptance of the declaration of renunciation of inheritance under the Jeonju District Court's Southern District Court's Branch 2019Radan51, and the defendant was tried to accept the report on the qualified acceptance of inheritance with respect to the deceased under the Jeonju District Court's Southern District Court's Branch 2019MoMo52.

According to the above facts of recognition, the Defendant is obligated to perform the obligation of the deceased for the above borrowed money within the scope of the deceased’s inherited property, as it succeeded to the entire obligation of the deceased to the Plaintiff within the scope of the property inherited from the deceased.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 70 million borrowed from the deceased and the damages for delay calculated at the rate of 24% per annum from April 5, 2019 to the date of full payment, which is the day following the due date.

The plaintiff's claim is legitimate and accepted.