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(영문) 수원지방법원 2020.06.04 2020가단523791
대여금
Text

1. The defendant shall not exceed 34,010,064 won and 29,185,985 won among them to the plaintiff within the scope of the property inherited from the network D.

Reasons

1. Facts of recognition;

A. The network D (hereinafter “the network”) received loans from the Plaintiff from December 2, 2015 to January 2018 on several occasions as follows. From May 2018, the Plaintiff began to pay interest in arrears and lost its respective benefit.

Now 123 on December 21, 2015, December 23, 2016, 2016, the loan amount of KRW 14,000,000 on January 10, 2018, KRW 10,000,000 on loans of KRW 10,000,000 on general loans of KRW 10,000 on loans of KRW 234,00 on December 23, 2015, the due date of general loans of KRW 10,000 on loans of KRW 8,00 on December 21, 2015 to November 25, 2018, the maximum annual interest rate of KRW 5,00 on June 23, 2016 to June 23, 2018 on June 23, 2017 to June 18, 2015 to June 21, 2018.

B. As of November 22, 2019, the principal and interest of a loan unpaid by the Deceased are as follows:

Serial 1 23 1,050,00 won 8,664,314 won 2,570,025 won 9,559,276 won 21,843,615 won interest of KRW 139,788 won 1,120,169 won 33,909 won 1,273,316 won 2,867,182 won in total. 24,710,797 won in total

C. Meanwhile, on May 19, 2014, the Deceased was unable to pay the credit card use amount after May 26, 2018, while having been issued with a credit card by the Plaintiff on or around May 19, 2014. The card use amount unpaid by the Deceased as of November 22, 2019 is the principal amount of KRW 7,342,370, interest (including commission) 1,956,897, total of KRW 9,29,267.

On the other hand, the deceased died on May 14, 2018, and the deceased’s heir F and the Defendant, his spouse, F and F. Of them, E and F reported the renunciation of inheritance to the Suwon District Court 2018Radan50430, Sept. 11, 2018, and the said report was accepted on September 27, 2018. The Defendant filed a report on the renunciation of inheritance with the same court’s 2018Ra50431, and accepted the said report on September 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 5, Eul evidence 1-1, the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is not liable to the plaintiff within the scope of inheritance from the deceased.

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