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(영문) 수원지방법원성남지원 2020.07.22 2019가단233910
대여금
Text

To the extent of the property inherited from the network E, Defendant B shall be limited to the Plaintiff, Defendant B shall be limited to KRW 21,428,571, Defendant D and C, respectively.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff loaned KRW 50 million in total to E on five occasions between November 15, 2019 and January 21, 2019. From each time of the lending, the maturity date which comes most late is October 20, 2019. 2) The Plaintiff died on December 23, 2019, and the Defendant D and C, who is the spouse of E, are his/her successors.

3) On January 15, 2020, the Defendants filed a report on the qualified acceptance of inheritance with the Suwon Family Court 2020Hun-Ma84 on January 15, 2020, and accepted the report on February 27, 2020. [Grounds for recognition] The Defendants did not dispute, Gap 1 through 3 evidence (including the number of branch numbers, and Eul 1 and 2 evidence).

B. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff 21,428,571 won (50,000,000 won x 3/7), Defendant D, and C respectively 14,285,714 won (50,00,000 won x 2/7) and damages for delay calculated at each rate of 12% per annum under the Civil Act from October 21, 2019 to July 22, 2020, the date following the date on which the Defendants’ final payment period is due, to dispute over the existence and scope of the obligation, and to pay damages for delay calculated from the rate of 14,285,714 won (50,000 won x 2/7) under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until the date of full payment.

2. Conclusion, the Plaintiff’s claim against the Defendants is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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