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(영문) 서울중앙지방법원 2013.09.11 2012가단100966
대여금
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 24,670,389 and KRW 23,264,95 among them from April 21, 2012 to the date of full payment.

Reasons

1. The Plaintiff’s inheritance of the Plaintiff’s loan claims and loan obligations against D has a loan claims against D. The specific details of the loan and the principal and interest of loan are as shown in the attached Form.

On the other hand, D died on February 1, 201, and D had the defendant B and C, who is the spouse, as the inheritor.

[Grounds for Recognition] Unsatisfy, each entry of Gap 1-4 evidence (including paper numbers)

2. According to the facts of the determination as to the cause of the claim, as the heir of the network, the defendant A is obligated to pay to the plaintiff 24,670,389 won (57,564,241 won x 3/7) and 23,264,955 won among them (54,284,895 won x 3/7) at the rate of 14.8% per annum from April 21, 2012 to the date of full payment from April 21, 2012, which is the day following the date of calculating the final damages for delay, to the day of full payment. The defendant B and C are liable to pay to the plaintiff 16,446,926 won (57,564,241 won x 2/7) and 15,509,970 won (54,284,895 won x 2/7) among them to the day of full payment.

3. The defendants' assertion and judgment asserted that D's heir is responsible only to the extent of the property acquired by inheritance, because D's qualified acceptance was made.

According to the evidence evidence Nos. 3, the facts that D died on February 1, 2011, and the Defendants, the inheritors of D, filed a report with the Seoul Family Court on May 27, 2011 to accept the said report (Seoul Family Court Decision 2011Mo4727) on January 25, 2012.

However, in full view of the purport of the argument in Gap evidence No. 5, the defendants withdrawn KRW 5,500,000 from an account under the name of the National Bank in the name of the network D (E; hereinafter "the account in this case") on July 15, 2011, prior to the acceptance of the above report on qualified acceptance, and paid it to non-speed F, as the pretext of opening up the network D’s tent, and on August 29, 201, the Yongsan Tax Department refunded KRW 1,072,910 of the net D’s tax paid to the account in this case.

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