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(영문) 대전지방법원서산지원 2019.04.02 2018가단5036
대여금
Text

1. The Defendant: (a) KRW 35,000,000 within the limit of the property inherited from C to the Plaintiff; and (b) on December 2, 2018.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 through 4, the plaintiff was paid 35,000,000 won to C after July 2003 and lent it without any interest agreement. C was dead on July 11, 2007 and its heir died on September 17, 2007, and the defendant was the sole heir by giving up inheritance on September 17, 2007, and the defendant was the sole heir on January 11, 2019.

Therefore, within the scope of inherited property inherited from C, the Defendant is obligated to pay to the Plaintiff 35,00,000 won as repayment of the loan obligation to the Plaintiff inherited from C and the amount calculated at the rate of 15% per annum from December 5, 2018 to the date of full payment, which is the day following the day when the copy of the application for modification of the purport of the instant claim and the cause of the claim was served to the Defendant, as sought by the Plaintiff, as the repayment of the loan obligation to the Plaintiff.

Therefore, the plaintiff's claim of this case is partially accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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