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(영문) 춘천지방법원 2016.12.01 2016가단53384
대여금
Text

1. The Defendants are either KRW 36,638,021 and above within the limit of the property inherited from Nonparty E to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the descriptions of Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4, Gap evidence 5, Eul evidence 6, Eul evidence 1, Eul evidence 2, Eul evidence 3, Eul evidence 5, and Eul evidence 6, and there is no reflective evidence.

On July 28, 2015, the Plaintiff loaned KRW 20,000,000 to Nonparty deceased E (hereinafter “the deceased”) and KRW 35,00,000,000 on February 1, 2016, and KRW 30,000 on February 5, 2016, the Deceased paid KRW 85,00,000 to the Plaintiff by March 3, 2016.

B. The Deceased remains as loans worth KRW 73,276,043 on the part of the above loans.

C. The Deceased died on May 19, 2016, and the Defendants, a child, inherited the Deceased.

On August 1, 2016, the Defendants received the declaration of qualified acceptance on July 26, 2016, in the case of the Chuncheon District Court's original branch court's Chuncheon District Court's 2016-Ma319 inheritance approval of the deceased's property inheritance.

2. According to the above facts of recognition, the Defendants, as the inheritors of the Deceased, are obligated to pay the Plaintiff the borrowed money to the Plaintiff according to the inheritance share ratio, unless there are special circumstances to the Plaintiff.

In this regard, the defendants defense that the qualified acceptance was made, and according to the above facts of recognition, the defendants are obligated to pay the borrowed money to the plaintiff within the limit of the property inherited from the deceased to the plaintiff according to the ratio of inheritance shares.

Therefore, the Defendants are 36,638,021 won (in 73,276,043 won / 2, and less than won) and 15% per annum as prescribed by the Civil Act from May 20, 2016 to December 1, 2016, the date following the inheritance of the Plaintiff, which is the day following the due date of repayment, within the limit of the property inherited to the Plaintiff from each deceased.

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