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(영문) 서울북부지방법원 2018.02.08 2016가합1896
대여금
Text

1. The Defendants, within the scope of the property inherited from the deceased I, shall be KRW 57,285,715, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. From May 6, 2005 to May 3, 2010, the Plaintiff lent an amount of KRW 41 billion in total to I over 34 times from May 6, 2005 to May 3, 201, but I died on July 29, 2012.

B. The spouse J of I (hereinafter “the deceased”) died on December 14, 1998, and on September 7, 2012, K of the deceased reported the renunciation of inheritance, which was accepted on November 16, 2012.

Seoul Family Court (the Seoul Family Court 2012Jama7882).

Defendant B, C, D, F, G, and H had siblings, and L died on November 9, 2008.

Defendant E is the spouse of L, and there is no child between L and Defendant E.

Defendant B, C, D, and G filed a qualified acceptance report on February 4, 2013, and the report was accepted on May 20, 2013.

Seoul Family Court Decision 2013D 1058 / [Grounds for recognition] Plaintiff and Defendant B, C, D, and G: The absence of any dispute, Gap evidence 1 through 4 (including the provisional number), Eul evidence 1 and the purport of the entire pleadings as to Eul evidence 1: Defendant F, and H: Judgment by publication by publication (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act).

2. According to the determination as to the cause of the claim, the Defendants, as the heir of the deceased’s property, are obligated to pay 57,285,715 won (i.e., 401,00,000 x 1/7, and less than won) equivalent to each inheritance share (i.e., 7) out of the borrowed money that the deceased bears against the Plaintiff within the scope of the property inherited from the deceased, as sought by the Plaintiff, and to pay the Defendants the amount at the rate of 15% per annum per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, from November 16, 2017 to the day following the day of service of a copy of the final complaint against the Defendants.

[Plaintiff’s claim for reimbursement of KRW 41 million against the Deceased on July 27, 2012 (see, e.g., Evidence No. 1, and 15% per annum from that date to that of full payment). However, on July 27, 2012, the Plaintiff is claiming for payment of damages at the rate of KRW 15% per annum from that date to that of full payment. However, on July 27, 2012, it cannot be deemed a legitimate claim for payment after

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