대여금
1. Defendant C: (a) to the extent of the property inherited from the network D by the Plaintiff, KRW 17,500,000; and (b) to the extent of such property, the amount of KRW 17,500.
In light of the facts without dispute, Gap evidence Nos. 1 and 2’s overall purport of the pleadings, the plaintiff lent KRW 35,000,000 to the deceased D (hereinafter “the deceased”) on July 19, 2016 under the seafarer labor contract, the deceased died on August 16, 2016, and the Defendants are children of the deceased.
Therefore, barring any special circumstance, the Defendants, barring any special circumstance, inherited the deceased’s debt owed to the Plaintiff, is obligated to repay the said debt to the Plaintiff according to their respective shares of inheritance.
However, according to the statements in Eul evidence Nos. 2 and 4, defendant Eul filed a declaration of renunciation of inheritance with the Gwangju Family Court 2016-Ma2042, Nov. 7, 2016. The defendant Eul filed a declaration of renunciation of inheritance with the Gwangju Family Court 2016-Ma2043, and it can be recognized that the defendant C received a judgment of acceptance of the above declaration on December 14, 2016 after filing a declaration of fixed-term approval for inheritance with the Gwangju Family Court 2016-Ma2043. Thus, the defendant Eul was not an heir from the beginning, and it is not a duty to repay the deceased's debt, and the defendant C did not have an obligation to pay the plaintiff 17,500,000 won and its amount within the scope of property inherited from the deceased, with 15% interest per annum from the following day of delivery of a copy of the complaint of this case to the date of delivery of 15% interest per annum from October 25, 2016.
Thus, the plaintiff's claim against the defendant C is justified within the scope of the above recognition, and the remaining claim against the defendant C and the claim against the defendant B are dismissed as it is without merit.