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(영문) 대구지방법원김천지원 2016.02.18 2014가단11426
대여금
Text

1. The Defendant: (a) KRW 7,190,349 within the scope of the property inherited from the deceased B; and (b) March 1, 2011.

Reasons

1. Basic facts

A. The Plaintiff, on January 12, 201, lent KRW 28,761,39 to the network B, agreed to lend KRW 904,758 as of the end of January 201, 201, KRW 796,062 as of the end of February 34, 201, and KRW 790,533 as of the end of February 2013, and to pay damages for delay at the rate of 20% per annum if the repayment is delayed.

B. The network B lost the benefit of time due to its failure to repay the above loan by February 28, 2011.

C. On December 14, 2012, the deceased on or around December 14, 2012, the Defendant was rendered a judgment accepting the death on October 30, 2015, on the following grounds: (a) the deceased’s sibling was his/her heir to his/her property; and (b) the Daegu Family Court’s Mao-Ma442 filed a report on the inheritance-limited approval.

[Ground of recognition] Unsatisfy, Gap evidence 1, the obvious fact of this court, the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 7,190,349 according to the inherited portion among the loan obligations inherited from the deceased B within the scope of the property inherited from the deceased, and the damages for delay calculated at the rate of 20% per annum from March 1, 2011 to the date of complete payment.

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

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