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(영문) 창원지방법원 창원남부시법원 2018.05.28 2017가단1046
청구이의
Text

1. The Defendant’s loans to the Plaintiff (Appointed Party) and the designated parties, Changwon District Court, Changwon-nam District Court, 2016j27.

Reasons

1. Facts of recognition;

A. The Plaintiff, Appointors D, and E are children of the network F (hereinafter “the deceased”), and the Selection C is the deceased’s spouse.

B. On January 18, 2016, the Defendant received a payment order (hereinafter “instant payment order”) from the Changwon District Court, Changwon-si, Seoul District Court (hereinafter “Seoul District Court”), stating that “The deceased shall pay to the Defendant 20 million won and the amount calculated by the rate of 5% per annum from December 1, 2013 to the delivery date of the authentic copy of the payment order, and 15% per annum from the following day to the delivery date of the authentic copy of the payment order,” and the said payment order was finalized on February 19, 2016.

C. On March 21, 2017, the Deceased paid KRW 10,000,00 to the Defendant through C as principal repayment of the above loan (hereinafter “instant reimbursement”).

On May 1, 2017, the Deceased died, and on November 13, 2017, the Plaintiff and the designated persons, who are co-inheritors, reported the qualified acceptance of inheritance as the head of the Gwangju District Court’s 2017-Madan939 on November 13, 2017, and received a judgment from the said court on November 17, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The plaintiff asserted that the claim for the extinguishment of the entire claim was extinguished since the deceased agreed to settle the credit amount of the above loan amount at KRW 10,000,000 at the time of the repayment of the case, or the defendant expressed his intent to exempt the deceased from the remainder of the loan at that time. However, since there is no evidence to acknowledge this, the above assertion is without merit.

3. Determination on the assertion of qualified acceptance of inheritance

A. The following circumstances, i.e., the Plaintiff from January 201 to January 201, 201, can be seen by comprehensively taking into account the respective descriptions and arguments as to the validity of the qualified acceptance as Plaintiff 2, 4, 6, and 9.

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