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(영문) 의정부지방법원 2020.11.19 2020가단128596
대여금
Text

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

A. Defendant C is 15,290,964 Won and its importance.

Reasons

1. Basic facts

A. On June 28, 2007, the network E entered into an agreement for a transaction of self-reliance deposit loan with the Plaintiff and borrowed KRW 30,000,000.

As of April 8, 2020, the net E’s obligation is KRW 30,581,927 (i.e., principal amount of KRW 30,127,831 and interest KRW 454,096). The overdue interest rate under the loan transaction agreement is KRW 15% per annum.

B. On October 20, 2019, the deceased on October 20, 2019, and the heir has the Defendants, who are their children (the shares of inheritance 1/2).

C. On December 20, 2019, the Defendants filed an application for the inheritance limited approval with the District Court Decision 2019Mo2317 Decided December 20, 201 and received the application on February 7, 2020.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts established prior to the determination, the Defendants, the deceased E’s successors, filed an application for a judgment of limited acceptance of inheritance within three months from the date inheritance commenced due to the death of the network E, and filed for a qualified acceptance, and thus, are obligated to repay the obligations of the network E’s loans within the scope of inherited property inherited from the network E.

With respect to the amount of debts, there is no dispute between the parties that Defendant C bears the obligation to pay for each of less than 1/2 or 1 won. The amount of debts of Defendant C is 15,290,964 won (i.e., total amount of debts 30,581,927 x 1/2 of inheritance shares x below 15,063,916 won (i.e., principal 30,127,831 x inheritance shares below 1/2 of inheritance shares x below 1/2 of inheritance shares below x below 1/2 of inheritance shares below 200) with respect to the amount of debts of less than 1/290,964 won (i.e., total amount of debts 30,127,831) and 15,0630,000 won (i.e., total amount of debts x less than 20,2000 won) x 130,5196,2975,20

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