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Reasons
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(영문) 서울서부지방법원 2019.09.25 2018가합37499
대여금
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1. Defendant B: (a) KRW 602,00,000 and either of them to the Plaintiff within the extent of the property inherited from the network D,

A. 1 30,000

Reasons

1. Facts of recognition;

A. The parties concerned are creditors of the network D (hereinafter “the deceased”). Defendant B’s heir as the deceased’s children, and Defendant C is the deceased’s sentence.

B. From October 31, 2013 to September 2014, the Plaintiff paid a total of KRW 586 million to the Deceased, as indicated below, and lent money to the Deceased.

On October 31, 2013, 200, 30,000,000, 20 on December 10, 2013, 2013, 200, 200,000 on March 27, 2013, 200, 160,000,000 on March 27, 2013, 200, 36.6,000,00,000 on January 17, 2014, 206, 3,00,000,000 won until 3,00,000,000 on August 16, 2014, 200;

C. On January 18, 2018, the deceased died, and his heir was determined as Defendant B and E, who were his children. On April 26, 2018, E received the declaration of renunciation of inheritance from the Suwon District Court’s Ansan-do Branch 2018Ra465 on April 26, 2018, and Defendant B received the declaration of refusal of inheritance, and Defendant B received the declaration of refusal of inheritance under the status of Suwon District Court’s Ansan-do Branch 2018Ra466 on December 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 5, the purport of the whole pleadings

2. According to the facts of the determination as to the claim against Defendant B, since Defendant B succeeded to the deceased’s obligation to the Plaintiff, the amount of KRW 62 billion (= KRW 40 million as of November 19, 2013, KRW 586 million as of November 19, 2013, KRW 160 million as of November 27, 2013, KRW 200 million as of November 27, 2013, KRW 200 million as of March 27, 2013, KRW 46 million as of March 27, 2014, KRW 30 million as of October 31, 2013, KRW 16 million as of March 31, 2013, KRW 16 million as of March 27, 2014, KRW 30 million as of the loan and KRW 1 million as of March 1, 2013, KRW 1.3 million as of the following date).

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