beta
Text
1. The Defendant’s KRW 140,000,000 as well as the Plaintiff’s annual interest from August 26, 2015 to June 24, 2016, and the following.
Reasons
1. Facts of recognition;
A. The relationship between the parties 1) The network C (hereinafter “the network”).
(2) On April 12, 2015, the Plaintiff died on April 12, 2015.) The Plaintiff is a woman of the deceased, and the Defendant was the deceased’s spouse.
B. The Plaintiff’s loan to the Deceased was lent to the Deceased on April 20, 2005, KRW 100 million on June 14, 2005, KRW 400 million on June 27, 2005, and KRW 400 million on June 27, 2005 (hereinafter “instant loan”).
C. For the repayment of the instant loan, the Deceased partially repaid the Plaintiff paid KRW 20 million to the Plaintiff, KRW 10 million on December 30, 2006, KRW 10 million on July 31, 2007, KRW 30 million on December 5, 2007, KRW 260 million on February 27, 2013, and KRW 200 million on February 27, 2013, from the Defendant’s deposit account to the Plaintiff’s deposit account.
The deceased’s family relationship and the inheritor’s renunciation of inheritance or qualified acceptance report 1) the deceased’s co-inheritors were the Defendant and their children D. 2) D reported the renunciation of inheritance on July 8, 2015 by the Suwon District Court Branch No. 2015Modan578. On August 4, 2015, D received the said report from the said court.
3) On August 31, 2015, the Defendant filed a qualified acceptance report with the Suwon District Court Branch Branch 2015-Ma749, and on November 5, 2015, the Defendant received a judgment accepting the said report from the said court. [The grounds for recognition: Facts that there is no dispute, Gap’s evidence No. 1 through 9, Gap’s evidence No. 11-1 and No. 11-2, Eul’s evidence No. 3, and the purport of the entire pleadings.
2. Determination
A. According to the facts of the judgment on the cause of the claim, the Defendant, who solely inherited the deceased’s property due to D’s renunciation of inheritance, is obligated to pay the Plaintiff the remaining amount of KRW 140 million out of the instant loan (=40 million - 260 million).
As to this, the Plaintiff agreed on the payment of interest with the Deceased at the time of the above lending, but there was no specific agreement on the interest rate, and accordingly, the Plaintiff sought interest at the rate of 5% per annum under the Civil Act. According thereto, from December 30, 2006 to December 5, 2007.