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(영문) 대구지방법원김천지원 2020.06.03 2020가단90
대여금
Text

1. The Defendants are within the scope of the property inherited from the network D:

A. Plaintiff (Appointed Party) A, respectively, 5,000.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) Gap evidence 1-1-2, 3-4, Eul evidence 1-1-2, Eul evidence 2-1, and Eul evidence 2-2; and (c) the whole purport of the pleadings.

Plaintiff

A on July 25, 201, A lent KRW 10,000,00 to D on July 25, 201, setting the rate of 2.5% per month, and the due date on July 25, 2012. On July 27, 2011, E lent KRW 10,000,000 to D on July 27, 201.

B. On July 30, 201, H loaned KRW 5,00,000, respectively, to D, at the rate of 2.5% per month, and the due date of repayment as of July 30, 2012, as of July 30, 2012, and KRW 2.5% per September 1, 201, and the due date of repayment as of September 1, 201, respectively.

C. The Designating Party F: (a) set the interest rate of 2.5% on August 13, 201; (b) the due date of repayment as of August 13, 2012; and (c) KRW 5,000,000 as of August 13, 201; and (d) set the interest rate of 2.5% on August 25, 201; and (b) the due date of repayment as of August 25, 2012, respectively.

The Selection G loaned KRW 5,00,000, respectively, to D on August 16, 201, with the interest rate of KRW 2.5% per month, the due date of repayment as of August 16, 2012, and KRW 5,000,000 as of August 16, 201, the interest rate of KRW 2.5% per August 27, 201, and the due date of repayment as of August 27, 2012.

(A) through (d) above all of the obligations of the borrowed money shall be referred to as "each of the obligations in this case").

On the other hand, D died on November 13, 2019, and accordingly, D shared inheritance of D (hereinafter “the deceased”)’s property at the ratio of 1/2 of Defendant B and 1/2 of Defendant C’s children.

2. Determination

A. According to the facts found in the judgment as to the cause of the claim, barring any special circumstance, the Defendants are obligated to pay the Plaintiff 5,000,000 won (10,000,000 won x 1/2), 5,000 won (10,000,000 won x 1/2) x 1/2), 5,000,000 won (10,000 x 1/2) x 1/2), 5,000,000 won (10,000 x 1/2), and 5,000,00 won to the Selection G to the Selection and Ha respectively (1/2) and 5,00,000 won (10,000,000 x 1/2) x 1/2).

B. The Defendants’ determination on the qualified acceptance defenses by the Defendants shall be based on the death of the Deceased.

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