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(영문) 부산지방법원 2019.09.24 2018가단340153
대여금 등
Text

1. Defendant B shall pay to the Plaintiff KRW 17,772,526, out of KRW 27,809,176 and the said money, with full payment from December 11, 2018.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant C

A. Fact-finding 1) Defendant B received each loan from the Plaintiff on March 8, 201 and KRW 17,72,526 of the loan principal from the Plaintiff on April 19, 2013. Since August 24, 2016, Defendant B delayed payment of the interest on the loan to the Plaintiff. As of December 10, 2018, the Plaintiff, as of December 10, 2018, with respect to KRW 27,809,176 in total, and KRW 17,772,526 in total, and the loan principal from December 11, 2018 to the Defendant B, with a claim for this agreement amounting to 15% per annum (hereinafter “instant loan claim”).

(2) On October 20, 2017, E, the father of the Defendants, died on or around October 20, 2017. G, H, and the Defendants, the spouse, jointly inherited E, and F’s inheritance shares are 3/11, and F’s inheritance shares are 2/11, respectively.

3) On October 20, 2017, E’s co-inheritors are real estate listed in the separate sheet in which they were owned by E (hereinafter “instant real estate”).

(1) The agreement and division of inherited property with the sole ownership of Defendant C (hereinafter “instant agreement and division”)

(4) Defendant C completed the registration of ownership transfer on October 31, 2018 on the instant real estate due to the instant agreement division. Defendant B had no particular positive property at the time of the instant agreement division, and was in excess of the obligation.

[Reasons for Recognition] Facts without a partial dispute, Gap 1 to 3 evidence, Eul 4 evidence (including paper numbers), and the fact-finding reply to the Franchi Office of this Court, the purport of the whole pleadings

B. The claim for the loan of this case, where the preserved claim exists, is a claim already created at the time of the consultation and division of this case, and is a preserved claim.

(c) The right of the obligor, having already been in excess of his/her obligation, to his/her share of inheritance while consulting on the division of the inherited property.

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