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(영문) 창원지방법원 2018.06.27 2017가단115616
대여금
Text

1. The plaintiff

A. Defendant B, within the scope of the property inherited from D, KRW 55,00,000 and its related thereto.

Reasons

1. Facts of recognition;

A. D promised to return the said loan by October 30, 2014, after borrowing KRW 110 million from the Plaintiff through E on October 27, 2009.

B. D died on August 5, 2017, and the Defendants were their successors, and Defendant B was subject to a judgment of limited recognition by inheritance under the 2017-Ma1164 of this Court.

【Reason for Recognition】 Each description of evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts of recognition, Defendant B, as a limited inheritor of Defendant D, is obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 13, 2018 to the date of delivery of the complaint of this case, which is obvious on the record that Defendant B, as a simple inheritor of Defendant C, is the Plaintiff of 5 million won (i.e., KRW 100 million x 1/2 of each of the Defendants’ respective shares in inheritance) and the date of delivery of the complaint of this case, to the Plaintiff, respectively, as the limited inheritor of Defendant C, from November 10, 2017 to the date of full payment.

3. The plaintiff's claim for conclusion is justified, and all of them are accepted.

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