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(영문) 전주지방법원정읍지원 2020.07.02 2020가단54
대여금
Text

1. The Plaintiff, Defendant B, and Defendant D, E, E, F, and G are within the scope of property inherited from the deceased H.

Reasons

1. Determination as to the cause of claim

A. On March 10, 2015, the Plaintiff, on March 10, 2015, is the deceased H (hereinafter “the deceased”).

(2) Defendant B is the deceased’s spouse, and the remaining Defendants are the deceased’s children. 30 million won is the deceased’s children. 30 million won is the deceased’s children.

3) The Deceased died on July 1, 2018, and on July 27, 2018, the Defendant C, the inheritor of the Deceased, reported the renunciation of inheritance to this court on July 27, 2018 (this Court Decision 2018Ra540, Sept. 4, 2018). On the other hand, Defendant D, E, F, and G, the inheritor of the Deceased’s children, reported the qualified acceptance to this court on September 4, 2018, and the report was accepted on September 10, 2018.

(Reasons for recognition), Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings.

B. Determination 1) Defendant B: According to the judgment based on a confession deemed as a confession (Article 208(3)2 and Article 150(3)2 of the Civil Procedure Act), Defendant C’s above recognition facts, Defendant C renounced renounced the deceased’s inheritance, and the Plaintiff’s assertion as to Defendant C is without merit.

3. According to the remaining Defendants’ findings, the Defendants, the deceased’s inheritor, are obligated to pay to the Plaintiff 4,615,384 won each of the Defendants’ respective inheritance shares within the scope of the Plaintiff’s property inherited from the deceased, and to pay damages for delay calculated at the rate of 24% per annum, which is the interest rate under the agreement, from March 11, 2015 to May 10, 2020, the day following the date on which the Plaintiff loaned the money to the deceased, as the Plaintiff seeks, from March 11, 2015, the day following the date on which the copy of the complaint in this case was served to the Defendants, and from May 10, 2020 to the day of full payment, the damages for delay calculated at the rate of 12% per annum as stipulated in the Act

2. Accordingly, the Plaintiff’s claim against the remaining Defendants except Defendant C is justified.

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