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(영문) 서울서부지방법원 2015.11.12 2015가단11765
대여금
Text

1. The Defendants are entitled to KRW 70,000,000, respectively, to the Plaintiff within the scope of the property inherited from the network D.

Reasons

1. The Plaintiff loaned KRW 140,00,00 in total to the deceased D from August 16, 2013 to April 2, 2014; and the Defendants, as the deceased’s heir on December 29, 2014, filed a report on the inheritance-limited approval as the deceased’s heir on June 29, 2015, and the same court accepted the report on June 29, 2015 by the Seoul Family Court as the inheritor of the deceased on December 29, 2015, may be recognized either as a dispute between the parties or by the purport of the entire pleadings.

Therefore, the Defendants are obligated to pay 70,000,000 won (i.e., 140,000,000 won x 1/2) corresponding to the Plaintiff’s inherited portion within the scope of the property inherited from the Deceased, and to pay damages for delay calculated at the rate of 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 13, 2015 to September 30, 2015, which is the day following the day when the original copy of the instant payment order was served on the original copy of the instant payment order, and Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).

2. Therefore, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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