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(영문) 대전지방법원천안지원 2019.10.31 2019가단100321
대여금
Text

1. The Defendants, within the scope of the property inherited from the network E, shall be KRW 32,500,000, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 21, 2009, the Plaintiff lent KRW 100 million to the deceased E (the deceased on October 13, 2018, hereinafter “the deceased”) and received a loan certificate from the deceased.

B. On December 28, 2018, F and children G, H, I, J, while the Defendants were the deceased’s heir, F, G, H, H, I, and J reported the renunciation of inheritance to renounce the deceased’s inheritance under the support of the Daejeon Family Court’s Incheon District Court Decision 2018Radan971 on December 28, 2018, and the above declaration was accepted on February 25, 2019. Defendant C was under the support of the Daejeon Family Court’s Incheon Family Court Decision 2018Ra972 on December 28, 2018, and Defendant D accepted each of the above reports on the recognition of inheritance under the support of the Daejeon Family Court’s Incheon Family Court Decision 2009Mo503 on January 4, 2019.

[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants, the deceased’s inheritor, are obligated to pay to the Plaintiff the amount of KRW 32,50,000,000 (=65,000,000 x 1/2) of the borrowed amount payable to the Plaintiff within the scope of the property inherited from the deceased, and to pay damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 29, 2019 to the day of complete payment, on the following day of service of the application for modification of the purport of the claim and the cause of the claim in this case, and Defendant D, from May 14, 2019 to the day of full payment.

3. Conclusion, the plaintiff's claim of this case is accepted for all reasons.

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