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(영문) 서울서부지방법원 2016.11.25 2016나33893
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. On February 28, 1997, the deceased B (hereinafter “the deceased”) borrowed 4,90,000 won from the Choung Bank Co., Ltd. on the same day, and jointly and severally guaranteed the above debt C on the same day.

The balance of the above loans is KRW 4,704,555.

B. On November 27, 2002, the deceased died, and the defendant, his heir, as his child, reported to the Seoul Family Court 2006-Ma2348 an inheritance limited acceptance, and the above court accepted the defendant's report on the inheritance limited acceptance on April 19, 2006.

C. Meanwhile, the Plaintiff received the above loan claims against C in succession and completed the notification of transfer.

[Grounds for recognition] Evidence Nos. 1 through 7, Eul's evidence No. 6, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as a sole heir of the deceased, is obligated to pay to the Plaintiff a loan of KRW 4,704,55, and damages for delay calculated at the rate of 15% per annum from March 17, 2016 to the date of complete payment, which is the date of the first instance judgment, sought by the Plaintiff, within the scope of the property inherited from the deceased.

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance shall be modified as above, and Article 99 of the Civil Procedure Act shall apply to the burden of litigation costs. It is so decided as per Disposition.

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