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(영문) 대구지방법원포항지원 2020.08.27 2019가단107416
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) C was married with D on December 10, 1987, and D died on June 17, 200, and C died on June 29, 2019. 2) E was born as FFC’s child.

3) D was married with G prior to the marriage with C, and a child born between DG is H, and the Plaintiff is the spouse of H. C prior to the marriage with D, C was married with I and divorced. A child born between CI is the Defendant.

5) The Defendant brought up by I. The Defendant did not have any contact with C until C dies after the divorce with I. 6) The address of the Plaintiff H is “port time”, the address and the place of death of C is “port time”, and the domicile and the place of death of “C” are “Si/Gun”, and the domicile of “C” was not living with “C” at the time of filing the death report.

B. 1) A final judgment on the limited acceptance of inheritance (a final judgment on the limited acceptance of inheritance) was accepted on October 31, 2019 on September 24, 2019 by the Defendant following the death of C, and the report on the qualified acceptance became final and conclusive around that time (Seoul Family Court Branch Branch Office Decision 2019Mo447, Sept. 26, 2019) E was accepted on September 26, 2019, and the report on the qualified acceptance was finalized around that time.

(B) the Daegu Family Court's 2019 Republic of Korea 510). (C)

(1) The Plaintiff’s certificate of loan as of May 16, 2017 stated that “A debtor, loan 120 million won, interest on May 16, 2017 from the date of loan, and the legal interest on May 16, 2017, which the Plaintiff stated as a creditor, stated that “the principal shall be repaid in full at the time of J sale and purchase at port,” and “the principal shall be repaid in full at the time of sale and purchase at port,” which the Plaintiff stated as a creditor on January 31, 2018, the certificate of loan as of January 31, 2018, stating that “A debtor, loan 80 million won, the date of loan, the due date of repayment on January 31, 2018, the date of loan, the date of repayment on June 2024, and the date of collateral joint guarantor,” and stated that “the principal shall be repaid in installments in two million won from January 20 to May 16, 2020.”

3. Each of the above loan certificates is printed with the same letters as the contents and the name of C, and there is no part written by C, and a seal imprint is also affixed from February 2, 2003 to May 13, 2010 on the name of C.

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