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(영문) 서울중앙지방법원 2018.10.15 2018가단5056
대여금 청구의 소
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 80,000,000 as well as 5% per annum from March 25, 2008 to February 23, 2018.

Reasons

1. Facts of recognition;

A. On December 12, 2007, the Plaintiff entered into a monetary loan agreement with E to lend KRW 80,000,000 as of January 28, 2008 and at 50% per annum for overdue interest.

On the same day, Defendant C, as E, issued and delivered a promissory note as of January 28, 2008 on the same day, as security for the above obligation to the Plaintiff, as joint issuer, 80,000,000 won at the face value of the Plaintiff with the payee as the joint issuer, and the due date, and as of January 28, 2008, a notary public made and issued a notarial deed as of the above promissory note as of 274, 2007.

The Plaintiff paid KRW 20,00,000 to the network E on December 15, 2007 under the said monetary loan agreement, and KRW 40,000,000 on December 13, 2007, and KRW 20,000 on December 14, 2007, and KRW 5,000,000 on December 17, 2007, respectively.

B. On June 15, 2014, E deceased on June 15, 2014, and the Defendant C, the Defendant (Appointed Party) B, and the Appointed succeeded to E.

[Reasons for Recognition] The entry (including a serial number) of Gap evidence Nos. 3 through 5 and 6, the purport of the whole pleadings

2. Determination as to the claim against Defendant (Appointed Party) B and Appointed D

A. According to the above findings of the determination as to the cause of the claim, Defendant B (Appointed Party) and the Selected Party D, the heir of the network E, are liable to pay to the Plaintiff the amount corresponding to each share of inheritance of the above 80,000,000 won and damages for delay.

B. According to the evidence Nos. 2 and 3, the judgment on the defense of qualified acceptance by Defendant (Appointed Party) B and the designated parties D on April 12, 2018, the Defendant (Appointed Party) B and the designated parties D reported the inheritance acceptance on April 12, 2018, and the said report was accepted on June 8, 2018.

Therefore, the above defendants' defense is justified.

C. If so, Defendant B (Appointed Party) and Appointed D are jointly and severally with Defendant C within the scope of the property inherited from the network E ( = 80,000,000 x 1/3,000 x less than KRW 1/3) and they are jointly and severally with Defendant C within the scope of the property inherited from the network E.

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