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(영문) 의정부지방법원고양지원 2016.08.12 2015가합75599
대여금 반환 및 사해행위취소 청구의 소
Text

1. Defendant C is entitled to KRW 215,00,000 for the Plaintiff within the scope of the property inherited from the network D and this shall not apply.

Reasons

1. Facts of recognition;

A. From July 24, 2005 to December 16, 2013, the Plaintiff lent a total of KRW 215 million to the network D on six occasions.

B. Each real estate listed in the separate sheet was owned by the network D, and each registration of ownership transfer was made on October 22, 2015 under Defendant B’s name with respect to each of the said real estate on May 22, 2015.

C. The network D died on October 26, 2015.

Of Defendant B and children, the spouse of the network D, the E and F renounced renounced inheritance on December 4, 2015, and Defendant C, the other children of the network D, succeeded to the network D solely by filing a qualified acceptance report on December 4, 2015.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the part concerning the loan claim against Defendant C

A. According to the above facts of recognition, the deceased D borrowed KRW 215 million from the plaintiff, and it is recognized that the defendant C solely succeeded to the debt of the loan. As such, the defendant C is obligated to pay the above loan and the damages for delay calculated after the due date for payment.

B. As to this, Defendant C’s assertion that the qualified acceptance was reported, according to the above fact of recognition, Defendant C’s report on the qualified acceptance on October 26, 2015, which was within three months from October 26, 2015, was duly accepted. As such, Defendant C’s liability against the Plaintiff is limited to the scope of the property inherited from the network D.

C. Therefore, Defendant C, within the scope of the property inherited from the network D, shall serve the Plaintiff a copy of the loan amounting to KRW 215,00,000 and the complaint of this case from December 4, 2015, which is the following day after the Plaintiff notified the payment, to the extent that it is reasonable for Defendant C, to dispute as to the existence and scope of the obligation, 5% per annum as stipulated in the Civil Act, from August 12, 2016, which is the date of the ruling of this case, and the next day to the date of full payment.

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