대여금
1. The Defendant shall pay to the Plaintiff KRW 90,000,000 and the amount at the rate of KRW 15% per annum from January 22, 2016.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including additional numbers), the fact that the plaintiff lent KRW 90 million to the deceased C seven times from January 2013 to August 29, 2014, and the fact that the defendant is the heir of the deceased C can be acknowledged.
Since the defendant made a defense that he renounced inheritance, he will look at it.
Where an inheritor has performed a disposal act on inherited property, it shall be deemed that a simple approval has been made (Article 1026 subparag. 1 of the Civil Act). An inheritor’s collection of claims of the inheritee constitutes a disposal act on inherited property.
(see Supreme Court Decision 2009Da84936, Apr. 29, 2010). Even if a monetary claim of the inheritee is not a damage claim but a leased claim, this legal doctrine ought to be equally viewed.
In light of the fact that the Defendant, the inheritor, may not engage in any other new act for the collection of the interest, as a result, paid the interest on a regular basis after the death of the Defendant in the account under the name of the Defendant, which has transferred the interest to the deceased C.
(1) However, the deceased had a considerable amount of loan claims in unrecovered state before the death, and the Defendant registered the Credit Business as E on January 8, 2015 and operated the Credit Business.
(7) (2) The Defendant should be deemed to have been aware of the circumstances used in the Defendant’s account for his credit business.
As described in B-5, it is deemed that the same is the same even if it is only lent to the deceased father.
③ In particular, the Defendant received interest from the other party to the transaction of the network and the other party to the transaction through the new bank account (6.9). The said obligor used the pre-existing Agricultural Cooperative Account under the name of the Defendant (6) and used the pre-existing name of the Defendant together with the Defendant.