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(영문) 인천지방법원 2016.06.01 2015가단58593
대여금
Text

1. The defendant shall, within the scope of the property inherited from the deceased B, pay to the plaintiff 132,674,726 won and 103,343.

Reasons

1. Determination as to the cause of claim

(a) The following facts are not disputed between the Parties, or recognized by each entry in Gap evidence 1, 2, and 3:

1) On September 11, 2009, the Plaintiff lent KRW 150 million to the network B, KRW 150 million, KRW 150 million, and KRW 340 million, totaling KRW 400 million to the network, and determined that interest and interest interest shall be subject to the prescribed interest rate as determined by the Plaintiff. (2) On December 28, 2009, the Plaintiff lent KRW 110 million to the network B, and also determined that interest and interest interest shall be subject to the prescribed interest rate as determined by the Plaintiff.

3 B died on February 11, 2015, and the defendant, a child of the network B, inherited B's property independently.

B. The Plaintiff’s remaining principal and interest remaining after receiving some principal and interest of the total amount of KRW 450,000,000,000,000 for the above loan is KRW 132,674,726, and the leased principal and interest are KRW 103,343,525.

C. Therefore, according to the above facts, the defendant is obligated to pay to the plaintiff the loan principal of KRW 132,674,726 and delay damages for the loan principal of KRW 103,343,525, except in extenuating circumstances.

2. The defendant's defense is proved to have qualified acceptance of the deceased's inheritance against the deceased B. Thus, according to the evidence Nos. 2 and 3, the defendant filed a qualified acceptance report on March 15, 2016 when he/she succeeded to the deceased's property, and accepted the deceased's claim against the deceased's plaintiff within the scope of the property inherited from the deceased's B. Thus, the defendant is liable to pay the deceased's debt against the deceased's plaintiff within the scope of the property inherited from the deceased's property.

3. According to the conclusion, the Defendant’s assertion, within the scope of the property inherited from the deceased B, as to KRW 132,674,726 of the principal and interest on the loan, and KRW 103,343,525 of the leased principal, is the year prescribed by the Civil Act from December 11, 2013 to June 1, 2016, where it is deemed reasonable for the Defendant to resist the scope of the obligation to perform.

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