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(영문) 서울중앙지방법원 2020.04.08 2019가단54581
대여금 청구의 소
Text

1. The Defendants are within the scope of each inherited property from the deceased E (F) and KRW 54,063,713, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 7, 2007, the Plaintiff loaned KRW 95,800,00 to the deceased E (hereinafter “the deceased”). The Plaintiff’s obligation to lend to the Plaintiff remains in KRW 95,79,511 as of October 15, 2019, the total amount of KRW 108,127,425,127,425 as of October 15, 2019.

B. On December 2, 2014, the Deceased died, and the Defendants were co-inheritors. On May 15, 2015, the Defendants were tried to grant inheritance approval by the Seoul Family Court 2015-Ma1733.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are obligated to pay to the Plaintiff 54,063,713 won (i.e., 108,127,425 won x 1/2 of inheritance shares x less than KRW 47,89,756 won (=95,79,511 won x 1/2 of inheritance shares x less than KRW 1/2 of inheritance shares) within the scope of each inherited property from the deceased, and to pay damages for delay calculated at each rate of 6% per annum as prescribed by the Commercial Act from October 16, 2019 to February 11, 2020, which is the final delivery date of the copy of the complaint of this case, from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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