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Reasons
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(영문) 서울동부지방법원 2017.06.27 2016가단141746
대여금
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1. The plaintiff, Ga.

DefendantB paid 52,500,000 won and interest rate, 15% per annum from March 18, 2017 to the full payment day.

Reasons

1. Facts of recognition;

A. Upon Defendant B’s request, the Plaintiff respectively lent KRW 30,00,000 on April 29, 2008 to Defendant B’s ASEAN, and KRW 22,50,000 on July 31, 2008. Defendant B issued a promissory note with the date of payment on October 23, 2012 and borrowed KRW 52,500,000 with its face value on KRW 53,000,00 on the part of the Plaintiff.

B. The F was killed on August 10, 2008, and the F (hereinafter “the deceased”)’s inheritors were Defendant D and E, the wife of Defendant C and children. On September 22, 2008, Defendant C reported to the Seoul Family Court of Seoul Family on the inheritance-limited approval as 2008 was accepted on October 9, 2008, and Defendant D and E reported to the Seoul Family Court of Korea on September 22, 2008, as 2008, the renunciation of inheritance was accepted on December 4, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings.

2. Determination

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. According to the facts of recognition as above, Defendant C, as the inheritor of the deceased, is obligated to pay the Plaintiff the amount of KRW 22,50,000 equivalent to the share of the Defendant C’s share of 7/3 out of the amount borrowed from the deceased to the Plaintiff within the scope of the property inherited from the deceased, and to pay damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 22, 2016 to the date of full payment, upon the Plaintiff’s request.

C. Defendant D and E also sought payment of KRW 15,00,000 equivalent to the Defendants’ inheritance portion of KRW 2/7 of the borrowed amount of KRW 52,500,000 as the deceased’s heir to Defendant D and E, but Defendant D and E renounced their inheritance as seen above.

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