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(영문) 서울중앙지방법원 2017.12.14 2017가합516181
대여금
Text

1. Defendant E is entitled to KRW 88,00,000 for each of the plaintiffs within the scope of the property inherited from the networkF.

Reasons

1. Basic facts

A. On December 31, 2003, the NetworkF borrowed interest of KRW 220 million from the Plaintiffs (payment on the 30th day of each month) and one year for the borrowing period. The Plaintiffs received only interest of KRW 26150,000 from G, who is the father of the networkF or networkF, from June 30, 2004 to February 20, 2017.

B. Around 16:00 on February 2, 2017, the net F was killed due to an accident that was shocked by the other party to the vehicle that was faced with the central line while driving an Iopbane car (hereinafter “instant vehicle”) on the near H on the roads in Seopopo-si, Seopo-si, Seopo-si (hereinafter “instant vehicle”).

C. 1) The deceased F’s heir is Defendant E, the deceased’s spouse, Defendant D, and the deceased F’s children, the deceased F’s spouse. 2) Defendant D requested for the waiver of inheritance on March 14, 2017 and accepted the decision of acceptance as of June 12, 2017, as of June 16, 2017, and the said decision became final and conclusive on June 16, 2017.

3) Upon filing a report on the qualified acceptance on May 2, 2017, Defendant E received the ruling of acceptance under the Seoul Family Court 2017-Ma5097, Nov. 7, 2017, and the said ruling became final and conclusive at that time. [The each of the facts, Gap, 2, and 3, evidence Nos. 1-2, 2, 2-2, 3, and 3-2, 3, and 3-2, each of the evidence Nos. 1-2, 1-2, 2-3, and 3, the fact inquiry with the Seoul Family Court of this Court, the purport

2. Determination

A. According to the above facts, the deceased F is obligated to pay the plaintiffs the interest of KRW 220 million and the accrued interest or delay damages. Barring any special circumstance, Defendant E, who solely inherited the deceased F due to the waiver of inheritance by Defendant D, is obligated to pay the plaintiffs the interest or delay damages calculated at the rate of KRW 88 million and the interest or delay damages calculated at the rate of KRW 88,000 per month from February 20, 2017 to the day of full payment.

B. The Plaintiffs are the following.

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