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(영문) 서울북부지방법원 2019.11.05 2019가단7720
대여금
Text

1. The Plaintiff:

A. Defendant B and C shall be jointly and severally liable for KRW 50,000,000 and shall be fully paid from June 19, 2019 to the day of full payment.

Reasons

1. The following facts of recognition may be recognized by integrating the respective descriptions of evidence A Nos. 1 and 2 and the purport of the entire pleadings:

From April 3, 2009, Defendant B, C, and F filed a claim for loans against Defendant B, C, and F (B) (this Court Decision 2008Da76706), “Defendant B, and F shall jointly and severally pay to the Plaintiff the amount calculated at the rate of 20% per annum from December 16, 2008 to the date of full payment.” On the other hand, in the above decision, Defendant C and F shall jointly and severally pay to the Plaintiff KRW 10 million and its delay damages, but the decision was finalized by a final and conclusive judgment that “The Plaintiff did not claim this part of this case.”

(hereinafter referred to as “instant judgment obligation”). (b)

On March 13, 2018, F deceased on March 13, 2018, there are Defendants B, Defendant D, and E (children).

2. According to the above facts of recognition, the Defendants are obligated to pay the Plaintiff the amount based on the instant judgment debt for the purpose of extending the extinctive prescription period of the above final judgment, barring any special circumstance.

As to this, Defendant D and E asserted that the renunciation of inheritance and the qualified acceptance were made, according to each of the statements in the evidence Nos. 1 and 2 of this case, it can be recognized that in the case of Suwon District Court 2018Radan5047 on August 6, 2018, the judgment that “E accepts the report of qualified acceptance on June 11, 2018, accompanied by the list of inherited property in the case of F’s inheritance, and D accepts the report on qualified acceptance on June 11, 2018, and D accepts the report of June 11, 2018, giving up F’s inheritance.” Thus, the aforementioned Defendants’ defense is with merit.

Ultimately, Defendant B and C are jointly and severally liable to pay to the Plaintiff the amount of KRW 50 million and damages for delay calculated at the rate of 12% per annum from June 19, 2019 (the day following the day when the duplicate of the complaint in this case was served to the said Defendants) to the day of full payment. ② Defendant E is the network.

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