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(영문) 서울중앙지방법원 2017.04.26 2016가단5263143
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 100,000,000 and its amount from October 18, 2016 to the date of full payment.

Reasons

1. The facts in the separate sheet as to the cause of the claim between the Plaintiff and the Defendant A (hereinafter “Defendant Company”) are considered to have led to the confession pursuant to Article 150(3) of the Civil Procedure Act. There is no dispute between the Plaintiff and the Defendant B.

(However, Defendant C’s “Defendant C” (hereinafter “the deceased”).

) Defendant B is deceased and thus, barring any special circumstance, the Defendants are jointly and severally liable to pay KRW 100,000,000 as well as damages for delay on the part of the Plaintiff.

2. Defendant B’s defense defenses that the qualified acceptance was made in relation to the deceased’s inheritance, and according to the overall purport of the pleadings, Defendant B filed an application for a qualified acceptance on July 27, 2015 with the Seoul Family Court Decision 2015Ra30675, and the above report on the qualified acceptance was accepted on July 27, 2015.

According to the above facts of recognition, Defendant B is responsible for the repayment of the obligation inherited from the deceased to the Plaintiff only within the scope of active property inherited from the deceased. Therefore, the above defense is justified.

3. According to the conclusion, the Plaintiff, 1) Defendant Company is obligated to pay the above KRW 100,000,000 as well as damages for delay at the rate of 23% per annum from October 18, 2016 to the date of full payment, for which the Plaintiff seeks. Defendant B is jointly and severally liable with the Defendant Company to pay the amount set forth in paragraph (1) within the scope of the property inherited from the Deceased.

Therefore, the plaintiff's claim against the defendant company is justified. Since the plaintiff's claim against the defendant company is justified within the above scope of recognition, it is accepted and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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