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(영문) 부산지방법원서부지원 2017.10.20 2017가단511
대여금
Text

1. The Plaintiff:

A. Defendant C shall be KRW 8,181,818 and the interest rate of KRW 15% per annum from April 29, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff maintained the relationship between G and its children from around 2007 to around 2010. Since around April 9, 2007, G borrowed KRW 30 million from the Plaintiff and prepared and delivered two copies of the loan amount of KRW 10 million as of April 9, 2007 and KRW 20 million as of April 13, 2007. around April 13, 2007, the Plaintiff borrowed KRW 10 million from the Plaintiff and issued a certificate of borrowing KRW 10 million as of April 13, 2007, KRW 5 million as of May 9, 2007, KRW 10 million as of May 16, 2007, and KRW 10 million as to the Plaintiff’s spouse as of May 16, 2007, KRW 30 million as of May 16, 207.

[Ground of recognition] Gap evidence 1-1-4, Gap evidence 4-1-5, non-contentious facts, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendants, as the inheritors of G, are obligated to pay the Plaintiff the amount of KRW 12,272,728 ( KRW 45,00,000 x 3/11 x 3/11), Defendant C, D, E, and F, respectively, KRW 8,181,818 ( KRW 45,00,000 x 2/11) and damages for delay.

2. Determination as to the defendants' defense

A. According to the evidence No. B, F, and F’s defense of qualified acceptance, Defendant B, and F’s statement No. 1, Defendant B, and F, on January 12, 2017, filed a qualified acceptance report with respect to the deceased G’s inheritance and received the repair decision under the Busan Family Court Decision No. 2017, Mar. 10, 2017. As such, the Plaintiff is obligated to pay to the Plaintiff money calculated at the rate of 15% per annum from April 28, 2017, following the date of delivery of a copy of the complaint, including KRW 12,272,728, and KRW 8,181,81 and KRW 15% per annum from April 28, 2017.

B. Defendant D, E, and E have renounced their inheritance, and thus, they cannot respond to the Plaintiff’s claim.

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