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(영문) 대전지방법원 2017.06.15 2017가단1889
대여금(시효연장)
Text

1. Within the scope of the property inherited from the net F, to the Plaintiff

A. Defendant B: 13,33,333;

B. Defendant C, D,.

Reasons

Facts of recognition

A. The Plaintiff filed a lawsuit against the deceased F (hereinafter “the deceased”) on November 7, 2007, as Daejeon District Court Decision 2007Da48612, and the above court rendered a ruling that “the deceased shall pay to the Plaintiff the amount of KRW 40 million with 5% per annum from November 21, 1997 to August 28, 2007, and 20% per annum from the next day to the date of full payment,” and the above ruling was finalized on November 29, 207.

(hereinafter the above final judgment is referred to as “the final judgment of this case”). B.

The Deceased died on April 6, 2012, and the remaining Defendants, as their wife, jointly inherited the Deceased according to the statutory inheritance.

The Defendants reported to the Daejeon Family Court 2012Ja-Ma701 on the inheritance limited recognition, and the above court accepted it on June 15, 2012.

[Grounds for recognition] Fact-finding, Gap evidence Nos. 4 and Eul evidence Nos. 1 and 2 (including branch numbers in cases where a branch number is available), and the purport of the whole pleadings is determined. According to the above facts, the defendants, co-inheritors of the deceased, as co-inheritors, are liable to the plaintiff for each inheritance obligation, and bear the corresponding statutory share of inheritance among the monetary payment obligations according to the final judgment of this case. The plaintiff has a benefit in filing the lawsuit of this case for the interruption of prescription of claims pursuant to

However, the fact that the Defendants filed a report on the recognition of the inheritance limit and accepted the report is as recognized earlier. Therefore, the Defendants’ liability is limited to the scope of the property inherited from the Deceased, and the Defendants are liable to perform each of the above obligations within the scope of the inherited property.

Therefore, within the scope of the property inherited from the deceased, Defendant B shall be 13,33,33 won (=40,00,000 won x 3/11), Defendant C, D, and E shall be 8,88,88,888 won (=40,00,000 won x 2/11), and each of the above amounts shall be 5% per annum from November 21, 1997 to August 28, 2007; and 3/11 from the next day to the date of full payment.

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