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(영문) 광주지방법원 2020.09.25 2019가합60221
대여금
Text

The defendant shall, within the scope of the property inherited from the deceased C, pay to the plaintiff KRW 250,00,000 and this shall not apply on December 2, 2019.

Reasons

On August 15, 2017, the Plaintiff lent KRW 1.2 billion to C (Death on August 28, 2019, hereinafter “the deceased”).

On April 24, 2019, the Deceased paid to the Plaintiff KRW 600,000,000 per month the sum of principal and interest of KRW 18,000 per month for three years, and to the remainder of KRW 600,000 per month before principal is repaid, the Deceased paid KRW 6,00,000 per month (per month 1%) as interest, and written a loan certificate to pay KRW 30,00,000 per month on the first Tuesday.

(S) The principal amount of KRW 600 million was agreed to be repaid as the money was prepared. However, the deceased did not pay the interest and principal under the agreement.

Meanwhile, the deceased’s inheritor, D and mother, the father of the deceased, and D, on November 19, 2019, reported that they renounced the deceased’s inheritance to the Gwangju Family Court on December 11, 2019, and the said court rendered an adjudication to accept it on December 11, 2019 (Seoul Family Court 2019No3650), and the Defendant reported the qualified acceptance of the deceased’s inheritance on November 19, 2019, and the said court rendered an adjudication to accept it on December 11, 2019.

(B) On December 17, 2019, the Defendant publicly announced the qualified acceptance to E.

[Based on recognition, the Plaintiff’s assertion of the overall purport of the Plaintiff’s evidence Nos. 1 and 1 through 4, and the entire purport of the argument lies in the amount of KRW 1.2 billion against the Deceased and its interest. In this case, the Plaintiff’s claim against the Defendant, the heir of the Deceased, for the amount of KRW 250,000,000, which is part of the above loan, and damages for delay.

Judgment

According to the above facts, the defendant, within the scope of the property inherited from the deceased, as part of the above loans, sought by the plaintiff within the scope of the property inherited from the deceased, and as to this, it is reasonable for the defendant to dispute as to the existence or scope of the obligation since December 10, 2019, after the delivery date of a copy of the complaint of this case, to the date of this decision, which is September 25, 2020.

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