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(영문) 서울중앙지방법원 2017.04.25 2016가단153326
대여금
Text

1. The Plaintiff within the scope of the property inherited from the network D:

A. Defendant A: 33,902,550 won and its 31,568.

Reasons

1. Determination as to the cause of claim

A. 1) On February 11, 2016, the Plaintiff loaned KRW 88,00,000 to D, and the Plaintiff’s credit based on the said loan contract remains in KRW 73,659,456 as of November 29, 2016, and interest KRW 5,46,496 as of November 29, 2016. 2) D died on April 11, 2016, and Defendant A, Defendant B, and C filed a qualified acceptance report with the Jeonju District Court 2016Ma595.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. According to the facts of the above recognition, Defendant A is obligated to pay 3,902,550 won to the Plaintiff within the scope of property inherited from the network D (i.e., total amount of 79,105,952 won x inheritance shares 3/7, less than KRW 31,568,338 (i.e., the loan principal 73,659,456 x inheritance shares 3/7) and to pay 22,601,700 won (i.e., KRW 79,105,952 x inheritance shares 2/7) and to pay 21,045,58 won (i.e., total amount of the loan principal x KRW 79,659,456 x inheritance shares x 22/7) from the following day after the date of calculating the last interest of each Plaintiff to the 15th day after the date of service of the complaint under the agreement.

2. In conclusion, the plaintiff's respective claims against the defendants are justified, and it is so decided as per Disposition.

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