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(영문) 수원지방법원안산지원 2020.06.03 2019가단13315
대여금등
Text

1. Defendant B: (a) to the extent of the property inherited from the network D, KRW 94,442,770 to the Plaintiff; and (b) to the extent of the property inherited from the network D.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6 and Eul evidence Nos. 1, the plaintiff filed an application with the deceased D (hereinafter "the deceased") for a total of KRW 6,600,000 through seven occasions from May 7, 2014 to December 12, 2017, KRW 150,000,000 on February 24, 2017, and KRW 8,450,000 on April 20, 2017, and KRW 19,250,000 on May 1, 2017 to June 1, 2018, each of the Defendants leased the deceased's property at the inheritance rate of KRW 18,885,540,00,000, KRW 6,6005,500,000 on May 7, 2015.

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff 94,442,770 won ( = 188,885,540 won x 1/2) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 30, 2019 to the date of full payment, which is the day following the day when the duplicate of the complaint in this case was served on the above Defendant. The Plaintiff’s claim against Defendant C is without merit.

2. In conclusion, the plaintiff's claim against the defendant B is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. The plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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