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(영문) 서울동부지방법원 2018.12.14 2018가단126185
대여금
Text

1. The Defendant, within the scope of the property inherited from the deceased C, shall not exceed KRW 120 million to the Plaintiff as well as the Plaintiff on January 2, 2018.

Reasons

1. Determination as to the cause of claim

A. On January 30, 2018, the Plaintiff loaned KRW 120 million to the deceased C, setting the due date on April 30, 2018 and the overdue interest rate of KRW 24% per annum.

The deceased C was killed on April 26, 2018, and his heir was his spouse D (former E), his child F (former G prior to his name), and A (former B prior to his name). D and F were subject to the adjudication on renunciation of inheritance on September 4, 2018 by the Daegu Family Court 2018 D and 10468, and Defendant A was subject to the adjudication on refusal of inheritance on July 31, 2018.

[Ground for Recognition: Unsatisfy Facts; entry in Gap evidence 1 through 7; the purport of the whole pleadings; Facts which are significant to this court]

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120 million borrowed from the net C within the scope of the property inherited from the net C, and to pay damages for delay at the rate of 24% per annum from May 1, 2018 to the date of complete payment.

2. Conclusion, the plaintiff's claim of this case is justified.

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