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(영문) 서울중앙지방법원 2015.01.29 2013가단1936 (1)
대여금
Text

1. The Plaintiff, and Defendant G, Defendant C, D, and E, respectively, with respect to KRW 22,222,22 and Defendant G, C, and D, respectively.

Reasons

1. Basic facts

A. The Plaintiff lent KRW 100 million to H around April 15, 2005.

(hereinafter referred to as “instant loan.” The Defendants asserted that the said KRW 100 million was an incentive, but do not believe it). (B)

H The heir died on September 9, 2009, and there are Defendant B (spouse), Defendant C, D, and E (Abnormal consciousness).

[Ground of recognition] Facts without dispute, Gap evidence 1, 12, Eul evidence 5-1, the purport of the whole pleadings

2. According to the above facts based on the determination as to the cause of the claim, barring any special circumstance, Defendant G is obligated to pay damages for delay at a rate of 22,222,222 won, respectively, to the Plaintiff, and to Defendant C, D, and D from March 24, 2013, following the delivery of a copy of the complaint in this case, to Defendant G, and to pay damages for delay at a rate of 33,33,33 won (10 million won x 3/9, and won below hereinafter the same shall apply), from April 19, 2013 to the day of complete payment, according to the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from April 19, 2013 to the day of complete payment.

3. Judgment on the defendants' assertion

A. 1) The Defendants asserted that the Plaintiff renounced the instant loan claims, while the Plaintiff asserts that the instant loan claims are still valid notwithstanding the agreement with the Defendants as set forth below. (2) Defendant B and D asserted the renunciation of inheritance and the acceptance of the inheritance limit, and Defendant C and E approved the inheritance limit on the net H’s property. As such, Defendant C and E asserted that only Defendant C and E are liable to pay the instant loan claims to the Plaintiff within the scope of the property inherited from the network H.

On the other hand, the plaintiff committed an act of disposing of the deceased H's property after the waiver of inheritance or the approval of the succession limit. Article 1026 subparagraph 3 of the Civil Code, "the inheritor" conceals or fraudulently consumes inherited property or intentionally on the inventory after the inheritor gives a qualified acceptance or renunciation.

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