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(영문) 수원지방법원 성남지원 2018.11.28 2017가단20721
대여금
Text

1. The Defendants: (a) KRW 5,166,66, respectively, and KRW 24% per annum from April 1, 2009 to August 9, 2018, respectively, to the Plaintiff.

Reasons

1. On March 1, 2008, the Plaintiff borrowed KRW 31 million to the network D on March 1, 2008 at the maturity of 31,309 and 2% per month of interest.

D In April 5, 2016, the death of D on April 5, 2016, the Plaintiff, as the siblings of D, and the Defendants (the children of the network E, who are the siblings of D) and F (the children of the network G, who are the siblings of D), succeeded to D.

Therefore, the Plaintiff seeks payment of 7.55 million won each out of the above loans according to the Plaintiff’s share of inheritance.

2. Article 208 (3) 3 of the Civil Procedure Act of the judgment by publication.

3. The Plaintiff’s partial rejection of the Plaintiff’s claim is the purport of seeking payment of KRW 7.50,000 among the above loans to the Defendants on the premise that the Defendants inherited D at the ratio of 1/4 with the Plaintiff and F.

However, the defendants inherit D at the ratio of 1/3 of each 1/3 of the 1/3 plaintiffs and F, the share of inheritance of the network E, which is the form of D D.

1/6 (E portion 1/3 x 1/2 x 1/2) of each of the defendants' shares of inheritance shall be inherited by inheritance by inheritance by representation of Eul.

Therefore, the Defendants are obligated to pay each of the Plaintiff KRW 5,166,66 ( KRW 31 million x 1/6) and interest and delay damages thereon. Therefore, it is difficult to accept the prior claim beyond the above recognition scope.

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