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(영문) 창원지방법원마산지원 2019.09.04 2017가단107226
대여금
Text

1. Within the scope of the property inherited from the net F, to the Plaintiff:

A. Defendant B shall be 46,66,666 won and this shall apply.

Reasons

1. Determination on the cause of the claim

(a) The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 3, and Eul evidence No. 1:

1) On August 21, 2015, the Plaintiff loaned F KRW 70,000,000, KRW 50,000,000 on May 3, 2016, and KRW 140,000,000 on June 19, 2017, and KRW 140,00,000 on December 6, 2017, the Plaintiff died on December 6, 2017, and jointly inherited the property of Defendant C, D, and E (hereinafter “the deceased”).

(Defendant B 3/9 of statutory inheritance, Defendant C, D, and E respectively, 2/9 of statutory inheritance.

Judgment

According to the above facts of recognition, the Defendants, co-inheritors of the deceased, are liable to pay to the Plaintiff the amount equivalent to each Defendants’ statutory share in the loans of KRW 140,000,000, and damages for delay thereof, unless there are special circumstances.

2. Determination as to the defendants' defense

A. The summary of the Defendants’ defenses is that the Defendants were subject to a qualified acceptance trial on the deceased’s property inheritance, and thus, the Defendants are liable to repay the deceased’s above loan obligations within the scope of the property inherited from the deceased.

B. According to the statement in Eul evidence No. 1, the defendants filed a report on the inheritance limited recognition with the Changwon District Court Decision 2018 Masan-Ma10015 on February 9, 2018, and the above court can recognize the fact that the above report was accepted on February 21, 2018. Thus, the defendants' defense is with merit.

3. Judgment on the plaintiff's second defense

A. The gist of the Plaintiff’s re-defense was that the deceased engaged in the manufacturing business, etc. under the name of “G” and only the name of the business operator was in the future of Defendant B, and thus the company’s assets, which the deceased actually operated under the trade name of “G”, constitute inherited property, regardless of their titles.

However, the defendants are well aware of the above circumstances and report the qualified acceptance on the deceased's property inheritance, and the above company's assets are assets.

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