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(영문) 서울북부지방법원 2019.11.26 2018가단137716
대여금
Text

1. The Defendants, within the scope of the property inherited from the deceased L, shall not apply to the Plaintiff:

(a) Defendant C, D, E, and I shall be KRW 7,279,891;

Reasons

1. Basic facts

A. The Plaintiff loaned money to L around December 7, 2010 and around May 28, 2014. As of August 2018, the Plaintiff owned a loan claim of KRW 133,397,387.

B. Meanwhile, L was killed on October 20, 2015, and the Defendants inherited L’ property in shares of 1/5.

C. As of September 27, 2018, the Plaintiff participated in the auction procedure for real estate owned by the deceased L, and was paid a part of the amount. As of September 27, 2018, the Plaintiff acquired a total of KRW 36,39,457 against the deceased L.

On November 14, 2016, the Defendants were tried to approve the inheritance of the deceased L/C’s property as the court 2016-Ma315, Nov. 16, 2016, with respect to the inheritance of the deceased L/C’s property as the same court 2016-Ma392.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the above facts of recognition, the remaining Defendants except Defendant H are obligated to pay the Plaintiff the remaining loans of KRW 36,39,457 to the Plaintiff within the scope of the Plaintiff’s property inherited from L, as to KRW 7,279,89,891 (=36,39,457 x 1/57 x less than won) equivalent to the Defendants’ respective inheritance shares (i.e., 36,39,457).

Meanwhile, Defendant H is obligated to pay KRW 7,279,890 as claimed by the Plaintiff within the scope of the inherited property from L within the scope of the above KRW 7,279,891.

3. Thus, the plaintiff's claim of this case against the defendants is justified 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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