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(영문) 의정부지방법원 고양지원 2017.02.10 2016가단80249
대여금
Text

1. Defendant B’s 50,000,000 won and this shall not apply to the Plaintiff within the scope of the property inherited from the deceased C.

Reasons

The Plaintiff leased KRW 50,000,00 to the deceased C by the due date on December 24, 2010. The Deceased died on January 7, 201, the deceased’s inheritance or succession by inheritance, such as the remaining children and grandchildren except for the deceased’s spouse B, and the Defendant reported the qualified acceptance of the deceased’s property, and the fact that the court accepted the deceased’s property is not a dispute between the parties, or is recognized by taking account of the overall purport of the pleadings as a whole, as stated in the evidence Nos. 1 and 2.

According to the above facts of recognition, Defendant B, the only inheritor of the deceased, is obligated to pay the Plaintiff the borrowed amount of KRW 50,000,000,00 from December 25, 2010 to December 21, 2016, which is the day following the day when the Defendant received the application for modification of the purport of the claim of this case, to December 21, 2016, the Defendant, within the scope of the property inherited from the deceased, with 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day when the claim of this case is fully repaid. Thus, the claim of this case is accepted within the above recognized scope

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