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(영문) 인천지방법원 2018.05.04 2017가단252306
대여금
Text

1. The Defendant: (a) KRW 70,000,000 within the scope of the property inherited from the deceased B; and (b) March 2018.

Reasons

1. The facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, and the whole purport of the pleadings are as follows: ① The plaintiff lent KRW 70 million to the deceased B on Aug. 20, 2013; ② The deceased died on Jan. 10, 2018 while the lawsuit in this case was pending; Nonparty D, the deceased’s heir, and the defendant filed an application for renunciation of inheritance and acceptance of succession succession with the Incheon Family Court No. 20103, Mar. 6, 2018; ③ The above court recognized the qualified acceptance decision with respect to the defendant on Mar. 6, 2018; and the non-party D’s waiver of inheritance.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 70 million borrowed from the deceased B within the scope of the property inherited from the deceased B, and to pay damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 31, 2018 to the date of full payment following the delivery of the application for amendment of the purport of the claim and supplementary reasons for the cause of the claim as of March 26, 2018.

3. Therefore, we decide to accept the plaintiff's claim as per Disposition.

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