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(영문) 서울서부지방법원 2015.06.25 2013가단47463

대여금

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 2010, the Plaintiff: (a) determined on June 20, 201 as the due date for reimbursement of KRW 25 million to the network E (hereinafter “the network”); and (b) determined as the due date for reimbursement of KRW 20 million on September 1, 2010 as the due date for reimbursement of KRW 20 million on August 28, 201.

B. On September 15, 2013, around 08:59, the Deceased was killed around the time when he felled due to the collapse of beeras and falling (hereinafter “instant accident”) while he was engaged in repair of beeras of neighboring buildings at the site of housing construction located in the Gangnam-gu Seoul Metropolitan Government.

C. The Defendants are the deceased’s inheritors, and Defendant B filed a report of renunciation of inheritance with the Incheon District Court 2013Ra3481 on December 11, 2013, and the said report was accepted on the 26th of the same month. Defendant C filed a report of qualified acceptance with the Incheon District Court 2013Ra3483 on December 11, 2013, and the said report was accepted on the 26th of the same month.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 3 (including paper numbers)

2. The plaintiff's assertion and judgment

A. The Defendants asserted as the Plaintiff’s heir received KRW 31.7 million insurance money from the Mtsts Fire Marine Insurance Co., Ltd. (hereinafter “Mts Insurance”), and disposed of inherited property by receiving KRW 30 million from G responsible for the instant accident. The Defendants’ waiver of inheritance and approval of succession are deemed to have been granted pursuant to Article 1026 subparag. 1 of the Civil Act. Thus, the Defendants’ waiver of inheritance and approval of succession are invalid.

Therefore, the Defendants are obligated to perform the deceased’s obligation to the Plaintiff.

B. In a life insurance contract where the insured's inheritor is the beneficiary of the insured, the inheritor of the insured can claim the insurer to pay the insurance money in the status of the beneficiary when the insured's death occurred. This right is naturally derived from the effect of the insurance contract, and it is not inherited property but inherent property of the inheritor. This is an injury.