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(영문) 수원지방법원성남지원 2020.12.11 2019가합412147
대여금
Text

Defendant B, C, and D shall be KRW 75,00,000, respectively, within the scope of the property inherited from the network F to the Plaintiff.

Reasons

1. Basic facts

A. On April 20, 2004, the Plaintiff loaned 300 million won interest at 12% per annum and due date on April 19, 2009 to the net F (hereinafter “the deceased”).

B. On January 6, 2016, the Deceased died. G et al. and 49 others were tried to waive inheritance on June 1, 2016 by Sungwon District Court 2016-Ma403, and H et al. were tried to repair inheritance on June 22, 2017, the Suwon District Court 2017-Ma20000 (the first report on the renunciation of inheritance), Defendant B, C, and D were tried to repair inheritance on February 9, 2018 by the Sungwon District Court 2017Ma1866.

C. On January 31, 2020, Defendant B, C, and D received a decision to rectify “a list of inherited property” attached to the judgment on February 9, 2018, which attached to this decision, to “a list of inherited property” attached to the judgment on February 9, 2018, pursuant to the Sungwon Family Court’s Sung-nam Branch Branch 2020 businessz7.

After the death of the deceased, Defendant E has not reported the renunciation of inheritance or the qualified acceptance.

E. The Defendants are collateral blood relatives within the fourth degree of relationship of the deceased and the share of inheritance is in the same position of co-inheritors.

【Ground for Recognition: Facts without dispute, Gap's 1 through 3, 6 through 8, Eul's entries in subparagraph 2, and the purport of whole pleadings】

2. Determination

A. According to the above facts of determination as to the claims against Defendant B, C, and D, each of the above 75,00,00,000 won (i.e., loans amounting to KRW 300,00,000 x 1/4) within the scope of the property inherited from the deceased, and Defendant B with respect to the above Defendant B with respect to the above Defendant from December 24, 2019, the day after the delivery date of the duplicate of the complaint of this case to the above Defendant, and from January 11, 2020, the day after the delivery date of the duplicate of the complaint of this case to the above Defendant, Defendant C with the day after January 11, 2020, and Defendant D with the day after the delivery date of the duplicate of the complaint of this case to the above Defendant.

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