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(영문) 광주지방법원 2019.02.19 2018가단6605
대여금 등
Text

1. The Defendant: (a) KRW 75,000,000 to the Plaintiff within the scope of the property inherited from the deceased C; and (b) as to the amount of KRW 75,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 19, 2014, the Plaintiff lent KRW 20,000,000 to the deceased C (hereinafter “the deceased”) and around January 22, 2014, KRW 17,000,000, and KRW 38,000,000 on February 24, 2014, the Plaintiff lent a total of KRW 75,000,000.

B. During the Plaintiff’s demand for the repayment of loans, the Deceased died on March 5, 2018, and the first-class co-inheritors were D and E, who were their children, and D and E were decided on July 20, 2018 by the Seoul Family Court Decision 2018Ra-Ma51742.

In addition, the next-order inheritor B has his mother B, and B received the Seoul Family Court Decision 2018 Madan53528, which received a report on acceptance of inheritance limited approval.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5 through 7, 10 evidence, the whole purport of pleading

2. According to the above facts of recognition, the Defendant, the inheritor of the deceased, is obligated to pay to the Plaintiff a loan of KRW 75 million within the scope of the property inherited from the deceased, and damages for delay calculated at the rate of 15% per annum from October 2, 2018 to the day following the day of delivery of a copy of the complaint of this case, as requested by the Plaintiff, to the day of full payment, as the Plaintiff demanded.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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