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(영문) 광주지방법원목포지원 2016.07.21 2016가단1869
대여금
Text

1. Within the scope of property inherited from the deceased A, to the Plaintiff:

A. As to Defendant B’s KRW 15,968,934 and this,

Reasons

1. Facts of recognition;

A. On April 10, 2001, the Black City Fisheries Cooperatives loaned 30,000,000 won to D on April 10, 2001 (hereinafter “instant loan”). E and the network A jointly and severally guaranteed the instant loan obligations.

B. On February 10, 2006, the Black City Fisheries Cooperatives received an order to pay the loan claim of this case against D, E, and Donggdong District Court 2006Ra400, with the content that “D, E, and Dong Dong jointly and severally KRW 47,986,203 and KRW 30,000,00 whichever is 15% per annum from December 1, 2005 to the day of full payment,” and the above payment order was finally finalized on March 1, 2006.

C. On June 1, 2010, the Plaintiff merged with the Blacksando Fisheries Cooperatives.

On May 3, 2016, the deceased on May 3, 2016, where the instant lawsuit is pending, and there were F and Defendant C, who is the wife, and the bereaved family members. F reported the renunciation of inheritance. The Defendants approved the inheritance-limited partnership to the Gwangju Family Court as a 2016-Ma339, and the said qualified acceptance report was accepted.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants, as the heir of the deceased A, have the obligation to pay the amount of KRW 26,614,980, as claimed by the Plaintiffs, to the Plaintiff, the share in inheritance (Defendant B 3/5, and Defendant C 2/5) and delay damages, respectively.

3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.

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