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(영문) 전주지방법원 정읍지원 2017.04.20 2016가단11118
대여금
Text

1. Within the scope of the property inherited from the networkF to the Plaintiff, Defendant A’s KRW 13,268,815, and the remainder of the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff extended loans to F several times from around 2001 to around 2004, and the sum of the principal and interest of loans remaining as of April 1, 2016, depending on a loan agreement between the Plaintiff and F, and partial repayment, is KRW 48,652,320.

B. F died on December 30, 2005, and Defendant A’s wife, and the rest of the Defendants are children.

C. On September 7, 2007, the Defendants filed a qualified acceptance report on the inheritance from F through the case of inheritance limited recognition by this court 2007 Radan169.

[Grounds for recognition] Gap evidence Nos. 1- 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, Defendant A, within the scope of the property inherited from the networkF to the Plaintiff, for the performance of the obligation of the loan inherited from F, to the extent of the property inherited from the networkF, in order to perform the obligation of the loan that is inherited from F, Defendant A [=48,652,320 won x 3/11, and less than the original unit (hereinafter the same applies).

[) The remaining Defendants are liable to pay damages for delay calculated at each rate of 5% per annum under the Civil Act from April 2, 2016 to April 20, 2017, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which is the date when the judgment is rendered, to which the Defendants dispute over the existence and scope of the obligation to perform as to each of the said KRW 8,845,876 (=48,652,320 x 2/11) and each of the said money.

3. The plaintiff's claim against the defendants is accepted within the scope of each above recognition, and the remainder is dismissed as it is without merit.

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