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(영문) 의정부지방법원 2018.12.19 2017가합1575
대여금 등
Text

1. The defendant shall be the plaintiff.

A. 80,142,856 Won within the scope of the property inherited from the deceased C and 24,428.

Reasons

1. Basic facts

A. The plaintiff is the father of Nonparty C, and the defendant is the spouse of the above C.

B. On May 1, 2017, Nonparty C received medical treatment at a hospital located in Namyang-si, and sent back to E Hospital. However, on May 8, 2017, Nonparty C died at the pressure of cerebral pressure and training for pharmaculosis, severe cerebral cerebral cerebral Bribery.

(hereinafter referred to as “C”). (c)

On August 3, 2017, Nonparty F and G reported the renunciation of inheritance to waive the deceased’s inherited property on August 3, 2017, and on October 25, 2017, the above renunciation of inheritance was accepted (Ji Government District Court Decision 2017Ra30357).

On the other hand, on August 3, 2017, the Defendant filed a report on the limited acceptance of inheritance in respect of inheritance of the deceased’s property, and on July 26, 2018, the said report on the qualified acceptance was accepted (Korean Government District Court 2017 Mo30358).

On September 14, 2017, the Defendant, Nonparty F, and G received 88,00,000 won agreed upon with the president of the D Hospital H in relation to the death of the deceased (hereinafter “instant agreed amount”), and drafted a written agreement to waive all civil and criminal rights to the medical personnel of the D Hospital in relation to the death of the deceased, and received the instant agreed amount around that time.

E. A bereaved family member of the deceased has the Plaintiff, I, the Defendant, the spouse, F and G, who are the deceased’s parents.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including each number, hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff demanded for the payment of the deceased’s obligation to the deceased: ① KRW 30,00,000 on May 21, 2001; ② KRW 20,000,000 on June 8, 2006; ③ KRW 35,00,000 on June 21, 2007; ④ From March 22, 2012, the same year

6. Before August 2, 200, KRW 22,000, ⑤ around June 4, 2014, a sum of KRW 144,00,000 from May 21, 2001 to June 4, 201, including KRW 37,000,000, were lent from May 21, 201, and had the Deceased obtain a loan from time to time through the J bank account (Account Number K) in the name of the Plaintiff, and used KRW 35,00,000.

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