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(영문) 대전지방법원 2020.04.22 2019가단125970
양수금
Text

1. Within the scope of the property inherited from the network E, Defendant B was 42,857,142 won, Defendant C and D respectively, and Defendant C and D were 28,571.

Reasons

1. Facts of recognition;

A. F determined that KRW 10,00,000,00 on August 6, 2018, the due date for reimbursement of KRW 1% per month on March 31, 2019, and KRW 80,000,000 on April 18, 2019, as the due date for reimbursement of KRW 1% per annum on April 19, 2021.

(hereinafter “instant loan”). (b)

However, E died on May 15, 2019

(hereinafter “E” refers to “the deceased”). Defendant B is the deceased’s spouse, and Defendant C and D inherited each of the loans of this case as the deceased’s wife.

(Defendant B’s inheritance shares 3/7, Defendant C, and D’s inheritance shares 2/7).

On June 20, 2019, F transferred each of the instant loans to the Plaintiff. On the same day, F notified the Defendants by way of content-certified mail.

The Defendants repaid 80 million won out of the instant loans to F on July 23, 2019.

E. On the other hand, on November 8, 2019, the Defendants were subject to the Daejeon District Court’s Hongsung Branch Decision 2019Mo312, which was inherited by the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff within the scope of the property inherited from the deceased, and Defendant C is obligated to pay to the Plaintiff the acquisition amount of KRW 100,000,000 x 3/7), Defendant C and D, each of whom is his children, KRW 28,571,429 (i.e., acquisition amount of KRW 100,000 x 2/7) and damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the last delivery date of the complaint of this case, from October 24, 2019 to the date of full payment.

3. The plaintiff's claim of this case is justified.

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