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(영문) 부산지방법원 2018.08.14 2017가단334236
대여금
Text

1. To the extent of the property inherited from the network E:

A. Defendant B shall be KRW 13,250,818 and 1,714 among them.

Reasons

1. The facts as indicated in the reasons for the claim in the attached Form of the facts of recognition (part of dismissal), the facts that Nonparty E died on January 20, 2014 and succeeded to each of the above E, and the facts that the Defendants accepted each of the above facts by filing a report of qualified acceptance while succeeding the property of the network E (the Busan Family Court Decision 2017Ra2871) may be recognized in full view of each of the statements in the evidence No. 1 through No. 7, No. 1, No. 1, and No. 2, and No. 2, the purport of the entire pleadings.

2. According to the above facts of recognition, barring any special circumstance, the Defendants, the heir of the network E, are obligated to pay to the Plaintiff the money stated in their claims within the limit of the inherited property.

3. Thus, within the scope of the property inherited from the network E, Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from June 4, 2017 to the date following the delivery of the original copy of the payment order of this case for KRW 8,833,878 as well as KRW 1,142,857 as to KRW 13,250,818 as well as KRW 1,714,285 as to the Plaintiff.

Therefore, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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