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(영문) 광주지방법원 2015.09.03 2014가단52303
대여금
Text

1. Defendant C is entitled to KRW 48,500,000, within the limit of the property inherited from the net B, as well as to the Plaintiff.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant C

A. Comprehensively taking account of the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, the plaintiff loaned 50,000,000 won to Non-Party B (the deceased on September 18, 2014, hereinafter "the deceased") up to June 30, 2014, to pay in installments once a month; the deceased died on September 18, 2014; the mother of the deceased died on his/her own; and the above defendant was paid 1,50,000,000 won out of the above money. According to the above facts of recognition, the defendant is obligated to pay 48,500,000 won to the above plaintiff and delay damages from July 20, 2013 to 15, 2014 to 200% of the day of delivery of a copy of the complaint of this case.

B. As to the above defendant's defense, the above defendant's defense is a defense that the qualified acceptance was made, based on the evidence No. 1, the above defendant filed a report on the inheritance-limited approval with the Gwangju Family Court 2015Radan984, after the death of the deceased, and the report was accepted on July 15, 2015. Thus, the above defendant is liable to pay the above amount within the limit of the property inherited from the deceased, as stated in the text.

2. The Plaintiff’s claim as to Defendant D’s claim asserted that the above Defendant jointly and severally guaranteed the deceased’s above obligation at the time of lending as above, and thus, the Plaintiff’s loan certificate No. 1, which seems consistent with this, is the loan certificate of this case.

If the stamp image of the person in whose name the document is affixed is affixed, it is actually presumed that the authenticity of the stamp image is created, i.e., the act of sealing is based on the will of the person in whose name the document is written, unless there are special circumstances.

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