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(영문) 부산지방법원동부지원 2016.07.08 2015가합105253
양수금
Text

1. The defendant shall within the scope of the property inherited from the deceased B, and KRW 366,439,514 to the plaintiff and KRW 241,780 among them.

Reasons

1. Facts of recognition;

A. The deceased B obtained a loan of KRW 300 million from the Small and Medium Business Corporation on March 31, 2009 (the agreement to pay the loan plus damages for delay of 12% per annum). The principal amount attempted as of September 30, 2015 is KRW 241,780,941, and the interest accrued from attempted interest is KRW 124,658,573.

B. The deceased B died on December 9, 2012, and the inheritor was the heir, C, E, and the Plaintiff, who is the wife.

C. C, D, and E filed a declaration of renunciation of inheritance on January 28, 2013 with Suwon District Court 2013 D and E, and was adjudicated on April 5, 2013 to accept the declaration of renunciation of inheritance.

On January 28, 2013, the Defendant reported the inheritance limited recognition as the Suwon District Court 2013-Ma243 on January 28, 2013, and received a report of the inheritance limited recognition around April 5, 2013.

On October 30, 2013, the Small and Medium Business Corporation transferred the obligation to the Plaintiff for loans to the network B.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, 2, Gap evidence 3, Eul evidence 1-4, Eul evidence 5-1-3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff a total amount of KRW 366,439,514, including loans, etc., within the scope of property inherited from the network B (i.e., the principal amount of KRW 241,780,941 KRW 124,658,573) and the principal amount of KRW 241,780,941 from October 1, 2015 to June 10, 2016, the delivery date of a copy of the application for change of the purport of the instant claim and the cause of the claim, which is 12% per annum from the date of the delivery of the application for change of the claim to the date of complete payment, and 15% per annum from the following day to the date of full payment.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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