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(영문) 의정부지방법원 2019.04.25 2018가단19415
대여금
Text

1. The defendant, within the scope of the property inherited from the deceased C, 36,600,000 won and this shall apply to the plaintiff.

Reasons

Facts of recognition

A. The Plaintiff lent money to C, and traded goods with C.

B. On July 5, 2015, C drafted a letter of commitment to the Plaintiff, by December 30, 2016, to pay the loan amount of KRW 16.6 million. On August 24, 2015, C drafted a written confirmation confirming that the Plaintiff would pay the outstanding amount of KRW 20 million.

C. C died on September 11, 2018 at the time of failure to pay the above loans and the amount of goods, and the deceased C’s heir is the defendant, who is the deceased C’s heir.

On December 7, 2018, the Defendant was tried to accept the report of qualified acceptance on the inheritance of the deceased C’s property as the District Court 2018 Madan1857.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and the purport of the whole pleadings is determined. According to the above facts, the defendant is obligated to pay to the plaintiff the above loan, goods price, and delay damages within the scope of the property inherited from the deceased C.

Conclusion

A. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount of KRW 36,600,00,000 inherited from the deceased C, as well as the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 28, 2018, which is the day following the day when the copy of the complaint of this case is served, to April 25, 2019, which is the day when the Defendant rendered the judgment of this case, and from April 25, 2019, from the next day to the day when the payment is made.

B. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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