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(영문) 대구지방법원김천지원 2016.04.07 2015가단8694
대여금
Text

1. Defendant B shall be from January 15, 2016 to the extent of the property inherited from the network E, as well as from January 15, 2016.

Reasons

The facts without dispute, and if the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1 and 2, the plaintiff loaned a total of 28 million won to Eul from October 19, 2014 to October 26, 2015, and Eul died on October 29, 2015, and the defendant Eul died on October 29, 2015, and the rest of the defendants are the deceased's wife, and therefore, the defendants inherited the deceased's obligations to the plaintiff, barring special circumstances.

Therefore, the defendants are obligated to repay the above loans to the plaintiff according to their shares of inheritance.

However, according to the evidence Nos. 1 and 2, Defendant B filed a report on the approval of the inheritance with this court on December 16, 2015, and the remaining Defendants filed a report on the renunciation of inheritance with the same court on the same day and accepted each of the above reports on December 18, 2015 (this Court Decision 2015Mo528, 527). As such, the remaining Defendants were not the heir from the beginning, and are not obligated to repay the deceased’s obligations, and if Defendant B jointly owned the deceased’s parents, they are the heir solely if they were not the deceased’s parents, and are liable for the repayment of the deceased’s obligations only within the limit of the property inherited from the deceased.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 12 million within the limit of the property inherited from the deceased (i.e., the above 28 million won x the minimum inheritance x the Plaintiff’s claim 3/7) and to pay damages for delay calculated by each ratio prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment of the dispute of the above Defendant.

Therefore, the plaintiff's claim against the defendant B within the above recognition scope shall be accepted, and the remainder of the above defendant and each claim against the remaining defendants shall be dismissed. It is so decided as per Disposition.

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