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(영문) 부산지방법원 2020.06.17 2019가합1261
대여금
Text

1. The Defendant: (a) KRW 280,000,000 within the scope of the property inherited from the deceased C, and on August 2019, to the Plaintiff.

Reasons

1. Amount of 30,00,000 won on May 30, 202, 190 on the date of lending the basic facts: 30,000 won on July 7, 2004; 30,000,000 won on April 30, 2007; 4.10,000,000 won on September 24, 2008; 5. 7.10,000,000 won on July 10, 2010; 6. 40,000,000 won on July 7, 2013; 10,000, 7. 40,000 won on the aggregate of KRW 40,40,000 on August 22, 2013; 1.30,000 won on the basis of KRW 40,000; and

A. The Plaintiff leased the net C totaling KRW 280,00,000,000 on 11 occasions from May 30, 2002 to May 2, 2016, as indicated in the following table.

B. The deceased on May 28, 2019. With respect to the inheritance of the deceased C’s property, the Defendant, a child of the deceased C, filed a report on the inheritance-limited approval with the Changwon District Court on August 23, 2019 and received the said report on October 18, 2019 (the Changwon District Court 2019Ra10326), and the deceased C’s children D, and E received the said report on August 23, 2019 on November 13, 2019 (the Changwon District Court 2019Mo10327).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the claim, the Defendant, the heir of the deceased C, within the scope of the property inherited from the deceased C, served the Defendant with a copy of the instant complaint on August 23, 2019, along with a copy of the complaint, the application for correction of indication of the party, purport of the claim, and the application for alteration of the cause of the claim, together with the copy of the complaint, on August 23, 2019.

From August 24, 2019 to the date of full payment, 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings is liable to pay damages for delay calculated from August 24, 2019.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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