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(영문) 대전지방법원 2015.08.20 2015가단622

약정금

Text

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

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

Reasons

On November 21, 2013, the Plaintiff lent KRW 90,000 to the deceased C, and the Plaintiff has a claim of KRW 90,155,093 as of September 10, 2014 ( principal KRW 90,00,00,000 per annum 18% per annum). The Defendants inherited 1/2 by the deceased C’s heir, and the fact that the Defendants succeeded 1/2 by the deceased C does not conflict between the parties, or are recognized by the evidence Nos. 1, 2, and 3.

According to the above facts, unless there are any special circumstances, the defendants are obliged to pay the above debt to the plaintiff according to their shares of inheritance, unless there are other special circumstances.

However, according to the statement in Eul evidence No. 1, the defendants' report of refusal of inheritance against the plaintiff's net C was accepted on December 31, 2014. Thus, the defendants did not inherit the plaintiff's obligations to the plaintiff and other property.

Therefore, the plaintiff's claim based on the premise that the Defendants succeeded to the deceased's obligation against the deceased is dismissed as it is eventually groundless.