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(영문) 서울중앙지방법원 2015.04.17 2014가단5106062
대여금
Text

1. The Defendants: to the extent of the property inherited from the deceased C, KRW 128,842,462, respectively, and KRW 65,532, respectively, to the Plaintiff.

Reasons

The Defendants were the deceased C’s heir by giving a loan from the Plaintiff as shown in the separate sheet. The fact that the deceased C was jointly and severally liable for the above debt of Daesung LSSSSP Co., Ltd. on December 6, 2008, that the deceased C left D, E, F, G, who is the spouse of the deceased on December 6, 2008, giving up inheritance, and that D, E, E, F, F, and G renounced renounced inheritance, who is the second heir and the third heir, and the Defendants were the deceased in the fourth order. On the other hand, the Defendants filed a request for a ruling of qualified acceptance inherited on November 3, 2010 as the father- branch of the Incheon District Court 2010Mo576 and filed a request for a ruling of qualified acceptance on November 3, 2010, and there is no dispute between the parties or the facts that the report of qualified acceptance was accepted on November 1 through 3, 2010 as stated in the evidence Nos. 1 to 3, and evidence No.

Therefore, the Defendants are obligated to pay to the Plaintiff 128,842,462 won and damages for delay calculated at the rate of 24% per annum from December 6, 2013 to the date of full payment with respect to KRW 65,532,49 among those KRW 128,842,462 within the limit of the property inherited from the deceased C pursuant to each inheritance share (each 1/2), so the instant claims in this case are justified. However, the Defendants’ acceptance of the report on the qualified acceptance is recognized and the Plaintiff’s acceptance of the report on the qualified acceptance is recognized, and the costs of the lawsuit shall

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