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인천지방법원 2020.01.17 2018가단261833
대여금
Text

1. Defendant B: (a) KRW 80,500,000 within the scope of the property inherited from the network D to the Plaintiff; and (b) KRW 80,000 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff in a lending relationship lent KRW 108,00,000 to Nonparty D, which was the sum from June 12, 2014 to December 19, 2016.

On June 28, 2015, the Plaintiff received reimbursement of KRW 20,000,000 as principal.

B. A inheritance-related network D died on August 29, 2018, and its inheritors are Defendant B and C.

Defendant B, as the Incheon Family Court No. 2018-Ma11028, filed a report on the inheritance-limited approval, and Defendant C filed a report on the renunciation of inheritance, and the above court accepted each of the above reports on November 28, 2018.

C. On May 16, 2019, Defendant B received KRW 523,540 (F insurance) and KRW 498,010 (G insurance) for each insurance cancellation refund of the network D E Association on May 16, 2019, and KRW 586,650 (G insurance) for H’s cancellation refund into a bank account in his/her own name.

[Ground of recognition] A without any dispute, entry of Gap evidence 1, 2, Eul evidence 1, 2, and Eul evidence 1 and 2, the order of submission of financial transaction information to J organizations on July 15, 2019 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserts as follows.

1) After Defendant B filed a report on the approval of the limited amount inherited by Defendant B, it received the network insurance cancellation refund and consumed it for personal use. Defendant C consented to the illegal consumption of Defendant B’s inherited property by the method of consenting to the voluntary termination of Defendant B’s insurance contract after filing a report on the renunciation of inheritance, it shall be deemed that the statutory simple approval has been granted pursuant to Article 1026 subparag. 3 of the Civil Act. (2) At the first place, the Defendants are obligated to pay the net amount of KRW 40,250,000, the total amount of the outstanding loan principal and interest of KRW 40,000,000 and the interest of the borrowed amount of KRW 40,000, the annual interest rate of KRW 24% from August 21, 2018, and, in case where Defendant C’s statutory approval is not acknowledged, Defendant C is obliged to pay the unpaid interest and interest of the Plaintiff.

B. The Defendants asserted against the Defendants, Defendant B, respectively.

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