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(영문) 수원지방법원 2016.07.14 2016가단4354
상속채무금
Text

1. The Plaintiff within the scope of the property inherited from the network D, Defendant B shall be KRW 18,282,082, and Defendant C shall be 12,188.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the plaintiff loaned to Eul KRW 10 million on June 24, 2010, KRW 10 million on August 2, 2010, and KRW 50 million on September 7, 2010, and additionally lent KRW 50 million on May 11, 2012. The loan to the plaintiff to Eul remains at the time of December 2012, the principal amount and interest KRW 370,136 while D was unable to repay the above loan to the plaintiff. At the time of death of D, the defendant Eul and his children, the heir, and the defendant Eul, the heir, who was the plaintiff, were inherited, and the defendants inherited the property of Eul. At the time of D's refusal to repay the above loan to the plaintiff.

According to the above facts, the defendants inherited the D's obligation to return borrowed money to the plaintiff according to the ratio of their respective inheritance shares. Since qualified acceptance was made on D's inheritance, they are obligated to pay 12,188,054 won equivalent to the 3/5 shares of the above debt, Defendant B is obligated to pay 18,282,082 won equivalent to the 3/5 shares of the above debt, and Defendant C is obligated to pay 12,18,054 won equivalent to 2/5 shares of the above debt.

Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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