logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.04.04 2017가단24629
대여금
Text

1. The Plaintiff within the scope of the property inherited from the network E; Defendant B shall be 25,714,285 won; Defendant C and D shall be 17,142.

Reasons

1. Facts of recognition;

A. On October 30, 2015, the Plaintiff loaned KRW 60,000,000 to E on April 29, 2016 due date for reimbursement and KRW 1,000,000 per annum (the agreed interest rate shall be 20% per annum) on April 29, 2016 and on April 29 of interest.

B. On May 27, 2017, E died, and Defendant B’s spouse, Defendant C, and D are their children.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the network E is obligated to pay the above loan to the Plaintiff, and the Defendants, co-inheritors of the deceased, are obligated to pay, barring any special circumstance, the money equivalent to each statutory share of the above loan and the agreed interest or delay damages equivalent thereto to the Plaintiff.

B. As to this, the Defendants asserted that, since they made a qualified acceptance on the deceased’s inherited property, the inheritance obligation against the plaintiff is obligated to pay it only within the scope of the inherited property.

According to the purport of the Plaintiff’s evidence No. 3 and the entire pleadings, the Defendants filed a report on the inheritance-limited approval with respect to the Deceased on October 30, 2017 with the Incheon Family Court’s 2017-Madan10185 on October 30, 2017, and filed a report on the inheritance-limited approval with respect to the Deceased on October 30, 2017.

Therefore, the Defendants are obligated to pay to the Plaintiff the amount calculated by applying the rate of 25,714,285 won (=60,000,000 won x 3/7 of the shares in inheritance x less than KRW 3/7 of the shares in inheritance x less than KRW 17,142,857, respectively (=60,000 x shares in inheritance x 2/7 of the shares in inheritance x less than KRW 2/7 of the shares in inheritance) and the amount calculated by applying the rate of 20% per annum from March 29, 2017 to the date of full payment from March 29, 2017 to the date of full payment, as sought by the Plaintiff.

3. If so, the plaintiff's claim against the defendants is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

arrow