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(영문) 대구지방법원 2019.10.11 2019가단121213
대여금
Text

1. The Defendants: to the extent of the property inherited from the network D, KRW 59,458,670, respectively, and KRW 51.

Reasons

1. The plaintiff's assertion

A. The Plaintiff, a public interest corporation established pursuant to the Small and Medium Enterprises Promotion Act, loaned KRW 100,000,000 to Nonparty D (hereinafter the Deceased, hereinafter the Deceased,) who operated the creative operation vehicle on May 24, 2016, as a public interest corporation established pursuant to the Small and Medium Enterprises Promotion Act.

B. As of May 15, 2019, the deceased did not pay the principal and interest of the above loan obligation, the deceased was liable for the above loan-related obligation of KRW 118,917,341, including the principal and interest of KRW 100,00,00 as of May 15, 2019; repayment interest of KRW 1,853,122; overdue interest of KRW 16,258,80; and substitute payment of KRW 805,416.

C. Meanwhile, the Deceased died on June 16, 2017, and the Defendants, as their children, filed a report on the inheritance limited recognition with the Busan Family Court regarding the inheritance of the Deceased’s property, and the said report was accepted.

Therefore, the Plaintiff seeks to pay the money stated in the claim calculated according to the Defendants’ shares in inheritance within the scope of the property inherited from the deceased.

2. According to the evidence No. 1 to No. 4 and evidence No. 1 to No. 1 in the board, the facts alleged by the plaintiff can be fully acknowledged.

Therefore, the Defendants are obligated to pay to the Plaintiff 59,458,670 won each of them and 51,329,269 won each of them from May 15, 2019 to June 26, 2019, the delivery date of a copy of the instant complaint (payment order) from May 15, 2019, 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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