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(영문) 서울중앙지방법원 2018.01.18 2017가단5047690
대여금
Text

1. Within the scope of the property inherited from the network E, to the Plaintiff:

A. Defendant A: 44,560,371 won and 38,000 among them.

Reasons

1. Facts of recognition (based on recognition: Defendant A - deemed as confession (Article 150(3) of the Civil Procedure Act), Defendant B, C, and D - Each entry of evidence under subparagraphs 1 through 6, and the purport of the whole pleadings);

A. On October 19, 2012, the Plaintiff loaned KRW 129,00,000 to Nonparty E for a loan extended to Nonparty E on October 19, 2015, with a rate of 16% per annum.

B. E lost the benefit of time by delaying the payment of the principal and interest of the loan, and on February 17, 2017, the sum of the principal and interest of the loan as of February 17, 2017 is KRW 133,681,117 (= Principal KRW 114,00,000).

C. E died on September 7, 2015, and there are Defendant B, C, and D, the spouse of which is Defendant A, C, and D.

Defendant A was tried on December 18, 2015 in the Changwon District Court Jinwon District Court 2015-Ma728's approval of re-approval of succession to the deceased on December 18, 2015. Defendant B, C, and D received a report of re-approval of succession to the deceased on December 21, 2015 in the Changwon District Court 2015-Ma739's approval of succession to the deceased on December 21, 2015, and each of the above trials was finalized around that time.

2. According to the above facts of recognition, the Defendants are obligated to pay the principal and interest of the instant case inherited from the Deceased to the Plaintiff within the scope of inherited property by inheritance shares. The specific amount is as follows.

A B CD

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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