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(영문) 서울중앙지방법원 2017.09.26 2016가단5185489
대여금 등
Text

1. Defendant C is entitled to KRW 60,000,000 within the scope of the property inherited from the net F to the Intervenor succeeding to the Plaintiff.

Reasons

1. Basic facts

A. F The deceased on July 18, 2016 (hereinafter “the deceased”) and the Defendant C, who is a legal inheritor, is the deceased’s wife, and Defendant D and E are the deceased’s own consciousness.

On November 25, 2016, Defendant C was tried to accept a report of inheritance limited approval from the Incheon District Court Branch of the Incheon District Court on August 11, 2016, and completed the procedure of public notice of inheritance limited approval on December 6, 2016.

Defendant D and E received from the Busan District Court Branch on November 25, 2016 on August 11, 2016, each of which was adjudicated to accept a report to waive the inheritance of property on August 11, 2016.

B. Around August 2016, the Plaintiff’s successor took over all the Plaintiff’s loan claims and related claims against the Deceased on May 8, 2014, and the Plaintiff notified the Defendants of the transfer around January 20, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 5, 6 evidence, Eul 1, Eul 2-1, 2, Eul 3, the purport of the whole pleadings

2. Determination as to the defendants' claims for loans

A. Comprehensively taking account of the overall purport of the arguments in the statement No. 1 and No. 1-2 of the evidence No. 1-2 of the Plaintiff, the Plaintiff may recognize that the Plaintiff lent KRW 140,00,000 to the Deceased on May 8, 2014 by setting the interest rate of KRW 12% per annum and May 8, 2015. The Deceased died on July 18, 2016, and Defendant C, who is a legal inheritor, was entitled to qualified acceptance from non-support x 140,000,000 in his/her share of inheritance x 3/7 (the share of inheritance), as recognized earlier, is ultimately, Defendant C is obligated to pay the amount of KRW 60,00,000 within the scope of property inherited from the Deceased and the amount of KRW 15% per annum from May 9, 2015 to December 12, 2016.

Plaintiff

The claim by the succeeding intervenor against the defendant C is reasonable within the scope of the above recognition.

B. On the other hand, as recognized above, Defendant D and E, who is another legal heir of the deceased, both inheritance to the deceased.

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