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(영문) 전주지방법원정읍지원 2020.07.02 2019가단102 (1)
대여금
Text

1. The plaintiff, the defendant (appointed party) and the designated parties are within the scope of the property inherited from the deceased C, 33.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a person who operates a dental and beauty room in the former North Chang-gun E (hereinafter “the deceased”). The Plaintiff is a deceased person (hereinafter “the deceased”).

(2) The Plaintiff was aware of from April 2018, 2018, as a customer, at the Kink’s house in the operation of the Plaintiff. (2) The Plaintiff was on July 26, 2018 and the same year.

8. 2. On two occasions, each loan certificate with the seal of the deceased’s or deceased’s living together from May 2, 2003 to November 2, 2018 (one copy stating a loan certificate of KRW 50 million on July 26, 2018 and one copy stating a loan certificate of KRW 20 million on August 2, 2018) affixed on the debtor’s column. According to the following: (a) the period of repayment is until January 1, 2019; and (b) each of the cash certificate of this case written on July 26, 2018; (c) the period of reimbursement is indicated as KRW 50 million on July 25, 2018; and (d) the period of reimbursement is KRW 10 million on August 26, 2018; and (e) the period of reimbursement is indicated as KRW 100,000,000 on August 12, 2018.

On the other hand, in the application for the instant payment order, the Plaintiff first lent KRW 50 million on July 26, 2018 to five months after the due date at the time of the first lending of KRW 50,000,000 to five months, and the Plaintiff borrowed more money on two occasions thereafter, and paid all thereafter to the end of the year. As stated on the date of pleading, the entire obligation of this case is recognized as the due date of payment on January 1, 2019.

Interest, in an unspecified state, remitted total of KRW 100 million to the deceased’s account from July 26, 2018 to August 31, 2018 and lent it.

3) The Deceased died on December 7, 2019 during the instant lawsuit, and on February 25, 2020, the Defendant and the designated parties, as the deceased’s children, filed a report on the inheritance re-approval of the deceased’s property from this court on February 25, 2020 and received the said acceptance. [In the absence of any dispute over the grounds for recognition, the entries in subparagraphs 1, 2, and 10 and 11, and the purport of the entire pleadings.]

B. According to the above facts of recognition, the defendant and the designated parties who have a share in the inheritance of the deceased's property as their children within the scope of the property inherited from the deceased.

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