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(영문) 서울남부지방법원 2017.07.18 2016가단238353
대여금
Text

1. The Plaintiff:

A. Within the scope of property inherited from the deceased I, Defendant A 3,307,438 won and 3,160 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff’s debt and death 1) on January 22, 2016 set a loan with the amount of KRW 45 million at the interest rate of KRW 10.9% per annum, 25% per annum, 45 million per annum, 45% per annum, 48 months per repayment method, and 48 months per annum (hereinafter “instant loan”).

2) The loan of this case, which was not repaid as of August 9, 2016, is the principal amount of KRW 44,247,886, interest or delay damages, and KRW 46,304,131 in total.

3) I died on August 3, 2016. B. See the relationship between I and the Defendants (attached family).

A. J had children L between K and K.

B. The J has remarrieded with M and had children I.

C. The J died on July 31, 1969, and M reported the marriage with N on February 9, 197.

N on February 12, 197, the birth report was filed between Defendant D (O) and Defendant E (P) as N and M.

E. Defendant A is the wife of L, and two children are Defendant B and C.

F. Before August 3, 2016 when I died, J died on July 31, 1969; L on May 4, 2005; M on January 13, 1986; N on March 25, 1993.

G. On September 13, 2016, Defendant A, C, and B received the judgment that accepted the report of qualified acceptance in inheritance of the property of the deceased I as the Sung-nam Branch of Suwon District Court Decision 2016-Ma1054 on September 13, 2016, and the said judgment became final and conclusive as is.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, Eul evidence 1, purport of whole pleadings]

2. Determination

A. 1) According to the above facts of recognition, L succeeds to I as a punishment with I and the father (J), and L succeeds to I as a punishment for the Defendant A, his children, and C, and He inherited to I. B) Defendant D, E, F, G, and H succeed to I as a punishment for their mother (M). The Defendants’ inheritance or inheritance shares in the Defendants’ inheritance or inheritance by inheritance by inheritance are 1/14, Defendant B, and C, Defendant D, E, E, F, G, and H are 1/6.2) Accordingly, the Plaintiff is entitled to the property inherited from LI, and the Plaintiff is entitled to the property inherited from LI.

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