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(영문) 울산지방법원 2016.09.23 2016가단13160
대여금
Text

1. The Defendant: (a) to the Plaintiff, KRW 37,851,00 within the scope of the property inherited from the deceased C, as well as KRW 37,851,00 on August 2016.

Reasons

1. Facts of recognition;

A. From February 15, 2016 to April 8, 2016, the Plaintiff leased KRW 37,851,000 to the network C (hereinafter “the network”).

B. The Deceased died on April 13, 2016, and his heir and the Defendant, the wife, and his children, D, E, F, and G.

C. On May 26, 2016, D, E, F, and G reported the renunciation of inheritance to the Ulsan District Court 2016 D, Ulsan District Court 691 as the deceased’s heir, and the said court has reported the renunciation of inheritance to the same year.

6. 28. The decision was made to accept the report of renunciation of inheritance.

On May 26, 2016, the Defendant reported to the Ulsan District Court 2016-Ma690, as the deceased’s heir, an inheritance limited approval as the deceased’s heir, and the said court has reported the inheritance limited approval for the same year.

8. 12. An adjudication was made to accept the above report of qualified acceptance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the above facts of recognition, the defendant inherited the deceased within the scope of the deceased's inherited property. As such, the defendant is obligated to pay to the plaintiff 37,851,000 won total of the loans, and to pay to the plaintiff 37,851,00 won on August 2, 2016, which is the day following the delivery date of the complaint of this case, 5% per annum as stipulated in the Civil Act until September 23, 2016, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the date of the decision of this case, to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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