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(영문) 대구지방법원 2016.06.15 2016나3100
대여금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B’s property inherited from the network D to the Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff loaned KRW 10,000,000 to D with interest rate of KRW 30% per annum and July 30, 2014. Of them, KRW 5,000,000 was repaid from D.

B. D died on September 18, 2015, and the Defendants are children of D.

C. On December 1, 2015, Defendant B was adjudicated to accept a report on the inheritance limited recognition by the Daegu Family Court 2015-Ma3186, and Defendant C was adjudicated to accept a report on the renunciation of inheritance under the Daegu Family Court 2015-Ma3185 on December 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 4, and 5 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff delayed damages at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 1, 2014 to the date of full payment, which is the day following the due date, within the scope of the property inherited from the network D.

B. According to the above facts of recognition as to the claim against the defendant C, since the defendant C renounced inheritance on the network D, the plaintiff's claim against the defendant C is without merit.

3. In conclusion, the plaintiff's claim against the defendant B is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit, and it is dismissed as it is without merit. The judgment of the court of first instance is unfair with some different conclusions, and it is so decided as per Disposition by the decision of the court of first instance.

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