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(영문) 수원지방법원 2019.03.28 2018가단542560
대여금
Text

1. The Defendant shall, within the scope of the property inherited from the deceased C, pay to the Plaintiff KRW 21,815,080 as well as the Plaintiff on March 2019.

Reasons

1. Facts of recognition;

A. On March 9, 2017, the Plaintiff loaned KRW 21,815,080,000 to the deceased C (hereinafter “the deceased”) in total, KRW 21,815,080 on April 3, 2017, KRW 682,080, and KRW 1,133,00 on May 8, 2017.

B. On December 30, 2017, the Deceased died with D and the Defendant as his heir.

C. However, D filed a report on the renunciation of inheritance on February 19, 2018 and accepted the report on the renunciation of inheritance on June 1, 2018 (U.S. District Court 2018Ra364), and the Defendant filed a report on the qualified acceptance on March 13, 2018 and accepted the report on the qualified acceptance on June 4, 2018.

(C) Nos. 1 through 8 (including numbers, if any), 1 and 1 of the evidence Nos. 1 of the grounds for recognition, and the purport of the whole pleadings

2. According to the above facts of recognition, the deceased bears 21,815,080 won loans to the plaintiff and its late payment damages, and the defendant independently inherited the deceased and at the same time received an adjudication on acceptance of report on limited acceptance of inheritance. Thus, the defendant is obligated to pay damages for delay at the rate of 15% per annum as prescribed by the Civil Act from March 15, 2019 to March 28, 2019, where it is obvious that the date following the delivery date of a copy of the application for modification of the purport of the claim of this case and the cause of the claim of this case, the defendant, within the scope of the property inherited from the deceased, and as to the plaintiff, within the scope of the property inherited from the deceased, are the day following the delivery date of a copy of the application for modification of the purport of this case and the cause of the claim of this case.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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