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(영문) 울산지방법원 2017.02.14 2016가단59227
대여금
Text

1. Within the scope of the property inherited from the deceased C, the Defendant: (a) KRW 169,50,000 to the Plaintiff; and (b) on the part of the Plaintiff, on January 2016.

Reasons

1. Basic facts

A. From November 8, 2012 to June 10, 2014, the Plaintiff lent a total of KRW 169.5 million to the network C (hereinafter “the network”).

B. The Deceased died on April 13, 2016.

C. D, E, F, and G, who are the deceased’s children, was tried to waive inheritance by this Court 2016-Ma691, and the Defendant, who is the deceased’s spouse, was inherited by this Court 2016-Ma690.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 5 (including attachment of provisional number), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay 169 million won and damages for delay calculated at the rate of 15% per annum from July 21, 2016 to the date of full payment, which is the following day after the Plaintiff served on the Defendant a written application for modification of the claim and cause of claim in this case, within the scope of the property inherited from the Deceased.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed. It is so decided as per Disposition.

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