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(영문) 서울중앙지방법원 2018.08.30 2017가단65037
차용금반환 청구의 소
Text

1. The defendant shall not exceed KRW 40,000,000 to the plaintiff within the scope of the property inherited from the deceased C, and on June 2009 to the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 2, the plaintiff lent 40,000,000 won to the deceased C several times, and the deceased prepared and delivered a loan certificate to the plaintiff on June 30, 2009 that he borrowed the above 40,000,000 won as 3% per month. The deceased died on July 11, 2017. The remaining inheritors, except the defendant, died on all of succession (Seoul Family Court Decision 2017Ra52390, 5248, the same court), and the defendant received the decision of qualified acceptance trial (the same court Decision 2017Ra52391). Thus, the defendant, the sole inheritor of the deceased, was obligated to pay the plaintiff the loan amount of 40,000,000 won and delay damages at the rate of 15,200,0000 won per annum from the deceased to the plaintiff on June 31, 2009.

Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

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