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(영문) 수원지방법원 성남지원 2017.03.28 2016가합1577
대여금
Text

1. Defendant B, within the scope of the property inherited from the network E, shall be KRW 91,285,715 to the Plaintiff and the Plaintiff.

Reasons

Basic Facts

The plaintiff lent money to E as follows and received part of the money.

The Plaintiff lent KRW 10 million to E on May 4, 2009, KRW 50 million on May 7, 2009, KRW 10 million on January 8, 2014, and KRW 10 million on January 8, 2014.

E paid interest on each of the above amounts to the Plaintiff, and paid 60 million won out of the above amounts on August 29, 2014.

In accordance with this, on September 5, 2014, E prepared to the Plaintiff a certificate of loan stating “10 million won of rent, maturity of 100 million won, interest rate of 10% per annum, and 10% per annum.”

On December 16, 2011, the Plaintiff loaned KRW 100 million to E on September 15, 2012 at the rate of 12% per annum.

On October 1, 2014, the Plaintiff lent KRW 20 million to E, and E repaid KRW 7 million out of November 22, 2014.

Meanwhile, the Plaintiff received interest on each of the above loans until June 2016.

On July 18, 2016, E died after having left Defendant B, Defendant C, and D as inheritor.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 7, the purport of the entire pleadings, and the above fact-finding as to the cause of the claim for judgment, barring any special circumstances, the defendants, the deceased E's co-inheritors, are liable to pay to the plaintiff the amount of money and damages for delay due to the defendants' respective inheritance shares among the remaining loans of the network E.

The Defendants’ assertion as to the Defendants’ assertion is alleged to have been accepted after filing a qualified acceptance report in the inheritance of the network E’s property. As such, comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 1 and 3, Defendant B filed a report on the inheritance of the network E’s property by inheritance with the Incheon Family Court on August 11, 2016, and received an adjudication accepting the qualified acceptance from the above court on November 25, 2016 (Seoul Family Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2016Mo889). As such, Defendant B’s liability for the inheritance obligation according to the validity of the qualified acceptance is inherited from the network E.

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