(영문) 서울중앙지방법원 2020.11.27 2020가단28373

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(영문) 서울중앙지방법원 2020.11.27 2020가단28373

대여금

Text

1. To the extent of the property inherited from the net F, the Plaintiff:

A. Defendant B is 47,192,681 won and 22,150.

Reasons

1. Facts of recognition;

A. On December 21, 2012, the Plaintiff loaned KRW 120,000,000 to the net F (hereinafter “the deceased”) as follows.

B. As of July 19, 2020, the principal and interest of the loan claim as of July 19, 2020 KRW 141,578,045 (i.e., principal amount of KRW 66,452,145, and delay damages amount of KRW 75,125,90).

C. Meanwhile, the deceased died on July 21, 2019, and the deceased’s heir as the deceased’s heir is Defendant C, Defendant D, and Defendant E, the wife of the deceased.

On December 2, 2019, Jeonju District Court accepted the report of the inheritance limited approval by the Defendants as the 2019-Madan578 of the 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the deceased’s heir is within the scope of the property inherited from the deceased, and the defendant B is within the scope of the property inherited from the deceased, and the defendant B [the principal and interest of interest of KRW 47,192,68,045 x the share of less than 3/9 and the share of inheritance of the above defendant 3/9 and the

[) From July 20, 2020 to 22,150,715 won (=6,452,145 won of loaned principal x 3/9 of the above defendant’s share in the inheritance) as to Defendant C, Defendant D, and Defendant E, respectively (i.e., 141,578,045 won of the principal and interest of loan x 2/95 won of the above Defendants’ share in the inheritance) and 14,767,143 won among them (i.e., 66,452,145 won of the loaned principal x 2/9 of the above Defendants’ share in the inheritance x 2/9 of each of the above Defendants’ share in the inheritance) respectively, are liable to pay delay damages at the rate of 7.8% per annum from the day after July 20, 2020 to October 20, 2020, each of which is the final delivery date of the application for change of claim and cause of this case.

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

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