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(영문) 전주지방법원 정읍지원 2018.02.06 2017가단1422
대여금
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as to KRW 43,240,00,00, and each of the said money, from July 12, 2017.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 2 and 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) as to the cause of the claim, the plaintiff loaned the network D a sum of KRW 108,100,000 from October 31, 2012 to November 16, 2016, and the network D died on January 13, 2017, and the heir died on his/her spouse Eul and the defendant C, who is his/her spouse, can be acknowledged.

Therefore, according to the inheritance ratio, the Defendants, the inheritor of the Deceased, are obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from July 12, 2017 to the day of complete payment, with respect to the Plaintiff’s KRW 64,860,00, Defendant C, and each of the above amounts, respectively, as to the amount of KRW 43,240,000, and the amount of KRW 43,240,000, the day following the delivery date

2. Judgment on the defendants' assertion

A. 1) The Defendants are obligated to perform the above obligations only within the scope of inherited property, as they have approved the inheritance limit. 2) As long as the Defendants approved the inheritance limit as above, 44,040,024 won shall be excluded from the Plaintiff’s claim amount.

3) Since the Deceased repaid KRW 62 million to the Plaintiff, the above amount should be excluded from the Plaintiff’s claim amount. (B) The legal principle on the first argument of the inheritor is that the inheritor may make a qualified acceptance by means of filing a report on the qualified acceptance with the court along with the list of inherited property within three months from the date on which he/she became aware of the commencement of the inheritance (Articles 1019(1) and 1030(1) of the Civil Act). The adjudication on the acceptance of the report on the qualified acceptance is recognized as satisfying the requirements for the qualified acceptance, and the final determination on whether the effect of the qualified acceptance of the inheritance is not confirmed, but is a matter to be decided in civil proceedings in accordance with the substantive law (see Supreme Court Decision 2002Da21882, Nov. 8, 2002).

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