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(영문) 광주지방법원목포지원 2015.07.14 2014가단13455
대여금
Text

1. The Defendants: (a) each of the KRW 14,653,180 and 14,469, within the scope of property inherited from the deceased C, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 22, 2004, the Plaintiff filed a lawsuit against the deceased C (hereinafter “the deceased”) for a loan claim with the Gwangju District Court 2004Kadan12132. On July 28, 2004, the said court rendered a judgment that “the Defendant shall pay the Plaintiff 29,306,360 won and 28,938,485 won with 25% interest per annum from July 28, 2004 to the day of full payment,” and the said judgment became final and conclusive around that time.

B. The Deceased died on May 26, 2014, before the instant lawsuit was filed.

C. The bereaved family members of the deceased were wife D, E, and F, who are their children, and the said bereaved family members filed a declaration of renunciation of inheritance with the Seoul Family Court on August 13, 2014 and accepted the declaration of renunciation of inheritance under the Family Court Ordinance No. 6585, Aug. 13, 2014.

A parent of the deceased had already died, and Defendant A, G, H, and I had no son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s.

[Ground of recognition] Facts that there is no dispute between the plaintiff and the defendant A, entries in Gap evidence 1 through 5, the purport of the whole pleadings

2. In the event that the Plaintiff again filed a claim for loans against the Defendants for the interruption of extinctive prescription, the Defendants are obliged to pay damages for delay calculated at the rate of 25% per annum from July 28, 2004 to the day of full payment, as to the property inherited from the Deceased (=29,306,360 won x 1/2) and 14,469,242 won (=28,938,485 won x 1/2, and interest omitted).

3. The plaintiff's claim is justified and it is so decided as per Disposition.

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