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(영문) 서울동부지방법원 2015.08.13 2014가단14246
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On September 14, 2012, the Plaintiff leased the net E 60,000,000 interest monthly 2%, the overdue interest rate of 2.5%, and the due date of repayment of March 13, 2013.

B. On September 14, 2013, E died after having left Defendant C and D as his wife and children.

【Ground for recognition】 There is no dispute

2. The assertion and judgment

A. The plaintiff asserts that since the defendant B succeeded to the above deceased at the ratio of 2/7 shares of the above deceased, the plaintiff shall pay the principal and interest of the loan to the plaintiff according to the above inheritance shares. The defendant B asserted that the above deceased's property inheritance was qualified, and the defendant C and D renounced renounced inheritance.

On November 28, 2013, Defendant C and D filed a report with the Seoul Family Court to waive the inheritance of the deceased’s property and received the said report on February 3, 2014. Meanwhile, on December 12, 2013, Defendant B filed a report with the Seoul Family Court on the qualified acceptance of the inheritance of the deceased’s property, and on March 7, 2014, the fact that the said report was accepted on March 7, 2014 can be recognized if there is no dispute between the parties, or if the purport of the entire pleading was displayed in evidence Nos. 1 and 2, the Defendants’ assertion is with merit, and Defendant B is obliged to pay the principal and interest of the loan within the scope of the property inherited from the said deceased to the Plaintiff, and the Plaintiff’s assertion with Defendant C and D is without merit.

B. Defendant B alleged that the above deceased or the above Defendant repaid the Plaintiff the principal and interest of the loan as stated in the attached Form, and that the Plaintiff also lent 50,000,000 won to the above deceased on June 12, 2012, 30,000 won on October 25 of the same year, and 10,000,000 won on October 26 of the same year, and 20,000,000 won on November 10 of the same year, respectively, and the above Defendant claimed that all of the amounts claimed by the above Defendant were paid for the principal and interest of the loan, and that it is irrelevant to the loan as of September 14, 2012.

Attached Form

The drawee shall pay the amount recorded in the column of the sum on the date on which the seal is written.

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