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(영문) 광주지방법원 2018.09.11 2017가단21294
대여금
Text

1. To the extent of the property inherited from the net G, the Plaintiff:

A. Defendant B shall be KRW 9,286,671 and among them 9,216.

Reasons

1. Basic facts

A. On October 6, 2016, the Plaintiff loaned the net G 6 million won of the general household fund, 20 million won of the general company fund, 20 million won of the general company fund.

(A) 15% per annum at the time of loss of the benefit of time, and hereinafter referred to as “instant loan”). (b)

The network G lost the benefit of time due to the delinquency in the interest of the above loan.

As of August 7, 2017, the principal amount of KRW 33,793,175, interest amount of KRW 257,953, total of KRW 34,051,128 remains.

C. The deceased died on April 26, 2017, and Defendant C, D, E, and F, the deceased’s heir, who is the deceased’s spouse, is the Defendant C, D, E, and F.

On October 10, 2017, the Defendants filed a report on the limited acceptance of inheritance with the Gwangju Family Court 2017Ra1746, and on November 28, 2017, the said court accepted the qualified acceptance report.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the whole purport of pleading

2. Determination as to the cause of action

A. Therefore, barring special circumstances, the Defendants are obligated to repay the principal and interest of the instant loans to the extent of their respective inheritance shares within the scope of the property inherited from the deceased (Defendant B’s inheritance shares: 3/11, and the remaining Defendants’ inheritance shares: 2/11, respectively).

B. After the death of the deceased, the Plaintiff: (a) deposited KRW 17,42,00 in the bank account in the name of the deceased on May 18, 2017; (b) KRW 11,060,000 on May 31, 2017; and (c) KRW 17,442,00 on May 31, 2017; and (b) the heir’s act of disposal on inherited property constitutes a legal simple approval ground under Article 1026 subparag. 1 of the Civil Act; and accordingly, (c) the Defendants shall pay the entire amount of the instant loan, regardless of whether a qualified acceptance report is accepted.

The Defendants had registered the business of the I company in the name of the deceased while Defendant C operated the I company as H company and the I company. The above KRW 17,442,00, which was withdrawn from the bank account in the name of the deceased, was supplied by Defendant C with educational equipment to the customer of the I company.

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