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(영문) 대전지방법원천안지원 2015.11.19 2014가단12351
차용금
Text

1. The Defendant: (a) KRW 11,111,11 for each of the Plaintiff A and each of them on March 18, 2012 to the Plaintiff B, C, and D.

Reasons

1. Facts of recognition;

A. F is between the guidances operated by G as the guidances from 2002 to the guidances, and the money transaction with G has been made.

B. On October 2, 2012, G: (a) the Defendant and his/her children inherited the net G’s property; (b) on November 28, 2012, H, I, and J, who are children, inherited the net G’s property solely by the Defendant, who was the spouse, after having received the adjudication on renunciation of inheritance under the Daejeon Family Court’s 2012-Ma785.

C. The F died on May 18, 2013, and the Plaintiff A, the husband of the network F, succeeded to the Plaintiff B, C, and D’s share 3/9 shares, and the Plaintiff B, C, and D’s share 2/9 shares, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1 to 3, Gap evidence 3, Gap evidence 7-1 to 7, Gap evidence 8, Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the claim

A. On October 19, 201, the deceased deceased F, who claimed by the plaintiffs, lent KRW 50 million to the deceased deceased G, the due date of repayment of KRW 50 million to the defendant's deceased deceased G on October 19, 201 and the interest rate of KRW 2% per month. Since the defendant's joint and several liability was jointly and severally guaranteed, the defendant is liable to pay the deceased G's heir the inheritance liability for the above borrowed debt or the joint and several liability obligation according to the inheritance shares of the plaintiffs.

B. In full view of the purport of the entire pleadings, as a result of the appraisal by the appraiser K’s appraisal as to the existence of the net G’s loan obligation, subparagraph 1-1 (the certificate of borrowed money) for which the authenticity is recognized as to the part of the net G’s name, the fact that the net G agreed to pay KRW 50,000,000 on October 19, 201 due date for payment to November 10, 201, with interest rate of KRW 24%, to the effect that it borrowed money or to bear obligations equivalent to the above borrowed money, is not acknowledged.

Thus, the defendant who succeeded to the net G's property shall be obligated to pay KRW 16,66,666 of the above KRW 50,00,00 among KRW 50,00,00 to the plaintiff who succeeded to the net G's property, KRW 11,111,11,111, respectively.

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