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(영문) 대구지방법원 2018.02.06 2017가단6525
대여금등
Text

1. Within the extent of the net D’s inherited property, jointly with E Farming Partnership and the Plaintiff:

A. Defendant A shall be 22,69,686.

Reasons

1. Basic facts

A. On October 18, 2016, the Plaintiff loaned KRW 53,000,000 in total, including KRW 26,300,000,000, and KRW 26,700,00,000, with a loan extended to E agricultural partnership on October 20, 2020, and the overdue interest rate of KRW 24% per annum, and the network D (hereinafter “the network”) provided a joint and several surety therefor.

B. On January 20, 2017, E agricultural partnership lost the benefit of time by delaying the payment of the principal and interest of each of the above loans, and the interest of loans unpaid as of March 9, 2017 is KRW 52,895,932 (= Principal KRW 51,093,620).

C. On November 2, 2016, the Deceased died, and his heir is Defendant A, B, and C, who is his spouse.

On February 2, 2017, the Defendants received an adjudication to accept a report of the inheritance limited acceptance of the deceased on February 2, 2017 in the Daegu Family Court’s Pohang-Ma34 inheritance limited case, and the said adjudication became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2-1, 3-1, 2, 4-4, Eul evidence 1, 2-2, and 2-2, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are obligated to pay the principal and interest of the instant case inherited from the Deceased to the Plaintiff within the scope of inherited property by inheritance shares. The specific amount is as follows.

The principal and interest in arrears in the principal of the shares in arrears related to the defendant-related inheritance shall be 2/7/721,897,2662,69,686 B lineal descendants 2/7 14,598, 177, 113, 2/7 123 C lineal descendants 2/7,598, 177 15, 113, 123, 51,093, 620 52,895,932

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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