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(영문) 대전지방법원 2019.02.13 2018가단15533
대여금 등
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 90,000,000 as well as 24% per annum from September 12, 2015 to the date of full payment.

Reasons

According to the evidence Nos. 1 and 2-3 of the judgment on the cause of the claim, Defendant B borrowed KRW 90 million from the Plaintiff on August 9, 2007 at the interest rate of 24% per annum. In this case, the fact that the deceased I guaranteed Defendant B’s obligation to the Plaintiff, and the fact that the deceased I left the Defendants as the inheritor on July 25, 2012.

According to the above facts, the defendants are obligated to pay the money stated in Paragraph (1) of this Article to the plaintiff, except in extenuating circumstances.

Defendant C, D, E, F, G, and H’s assertion are defenses that the above Defendants received an inheritance limited approval report.

According to the evidence Nos. 2 and 2, it can be recognized that the judgment that accepted the report of qualified acceptance on October 12, 2018 by the above Defendants applying for the approval of the inheritance-limited period under the Cheongju District Court 2018 Madan903, Cheongju District Court, and there is no counter-proof.

Therefore, the above defendants are liable to repay the inherited property of this case only within the scope of the property inherited from the deceased I. Thus, the defendants' defense pointing this out has merit.

Ultimately, the above Defendants are obligated to pay each money set forth in Section 1(b) of the Disposition within the scope of the property inherited from the network I.

Therefore, the plaintiff's claim against the defendant B is accepted in its entirety on the grounds of its reasoning, and the plaintiff's claim against the other defendants is partly accepted within the scope of the above recognition.

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