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(영문) 서울서부지방법원 2015.02.06 2014가단15586
대여금
Text

1. The defendant, within the scope of the property inherited from the deceased C (KGGD) and from the deceased C, 90,000.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 30,000,000, respectively, with the maturity date fixed on June 28, 2008 as December 5, 2008; ② the maturity date set on July 29, 2008 as December 31, 2008; ③ the maturity date set on October 10, 208 as December 31, 2008; and ③ the maturity date set on October 31, 2009 as January 31, 200.

B. C died on May 28, 2013, and his/her spouse was the Defendant and his/her children, E, F, G, and H.

C. On August 13, 2013, E, F, G, and H reported the renunciation of inheritance in relation to C’s inherited property as the High Government District Court Decision 2013 Madan992, Goyang Branch, which received the declaration of renunciation of inheritance on October 18, 2013.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, 3, Gap evidence 2, 3, 4, Eul evidence 1-1, and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff the sum of KRW 90,000,000,000, as the defendant inherited property C due to the renunciation of inheritance by E, F, G, and H.

B. According to the reasoning of the judgment as to the defense by the Defendant as to the qualified acceptance defense, the Defendant reported the qualified acceptance of C’s inherited property on August 13, 2013 to the Jung-gu District Court High Court 992, which held that the Defendant reported the qualified acceptance of C’s inherited property on August 18, 2013, and that the fixed acceptance of the qualified acceptance report was accepted on October 18, 2013. As such, Defendant B is obligated to perform the inheritance obligation recognized as above to the Plaintiff only within the extent of inherited property, the Defendant’s defense on this point is with merit.

3. Conclusion

A. Therefore, as to the Plaintiff, the Defendant: (a) KRW 90,00,000 in total within the scope of the property inherited from C; (b) KRW 30,00,000 in borrowed money; (c) from December 6, 2008 following the due date for repayment; (d) from January 1, 2009 following the due date for repayment for KRW 30,000,000 in borrowed money; and (c) from February 1, 2009 following the due date for repayment for KRW 30,000 in borrowed money; and (e) from February 1, 2009 on KRW 30,000 in borrowed money.

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