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(영문) 부산지방법원 2015.07.02 2015가단22263
대여금
Text

1. Within the scope of the property inherited from the network D to the Plaintiff

A. Defendant A: 16,454,616 won and its 15,64.

Reasons

In addition to the purport of each statement in Gap evidence Nos. 1 through 7 (including the provisional number; hereinafter the same shall apply), D borrowed from the plaintiff as of December 9, 2014 with a maturity of KRW 5 million on December 7, 2010, and borrowed as of May 6, 2013 with a maturity of KRW 45 million on May 6, 2018; D lost its benefit due to delay in the obligation to pay interest on each of the above loans; D died on November 13, 2014; D succeeded to D’s inheritance; D’s heir (the Defendants), the spouse and children of D; D’s heir’s total amount of the principal and interest of the above loans as of March 24, 2015; and D’s total amount of the principal and interest of KRW 38,394,104 (which is one of its total amounts of damages for delay; and D’s total interest rate of KRW 15,250,000).

Therefore, unless there are special circumstances, the Defendants, the successors of D, are obligated to pay the above loans to the Plaintiff according to their respective inheritance shares (Defendant A 3/7, and the remainder Defendants 2/7).

As the Defendants asserted that the inheritance limited acceptance was made on the above inheritance, the Defendants’ assertion that the inheritance limited acceptance was made on April 20, 2015 by the Busan Family Court as to D’s property inheritance, and there is no counter-proof, in addition to the purport of the entire pleadings in addition to the written evidence Nos. 1 and 2.

Therefore, the defendants are obligated to repay the above loans to the plaintiff only within the scope of the property inherited from D. Therefore, the defendants' defense is justified.

Therefore, within the scope of the property inherited from the network D, Defendant A shall be limited to KRW 16,454,616 ( = 38,394,104 x 3/7) and principal of KRW 15,964,285 ( = 3,7250,000 x less than KRW 3/7,00 x less than KRW 3/7,000; hereinafter the same shall apply), and the remaining Defendants shall be limited to KRW 10,969,744 ( = 38,394,104 x 2/7) and the principal of KRW 10,642,857 (=3,7250 x 2/7) among them.

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