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(영문) 전주지방법원 2015.05.28 2014나6520

대여금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. On the day before the bankrupt, a mutual savings bank, a mutual savings bank prior to the Plaintiff’s assertion as to the cause of the Plaintiff’s claim (hereinafter “mutual savings bank”) (hereinafter “the “the network”), extended a loan of KRW 2,00,000 to the network B (hereinafter “the network”) at an annual interest rate of KRW 6% (fixed interest rate), annual interest rate of KRW 18%, annual interest rate of delay damages, and February 10, 201.

On August 17, 2010, the Plaintiff was appointed as the trustee in bankruptcy of the non-party bank, as the Jeonju District Court 2010Hahap1 declared bankrupt against the non-party bank.

The Deceased died on March 7, 2003 without paying the loan, even after the maturity date of the above loan contract has arrived. The Defendant, as the inheritor of the Deceased, is liable to pay the Plaintiff the interest and delay damages equivalent to 1/2 of the Defendant’s inheritance shares among the above loan, and the interest and delay damages.

2. According to the evidence Nos. 2, the defendant reported the renunciation of inheritance to the Ulsan District Court 2003Ra259, Ulsan District Court 2003, and the report was accepted on July 18, 2003, and the defendant did not inherit the property of the deceased. Thus, the plaintiff's claim on the ground of the plaintiff's claim on the premise that the defendant inherited the property of the deceased is without merit.

3. According to the conclusion, the plaintiff's claim against the defendant is dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the plaintiff's claim against the defendant is dismissed. It is so decided as per Disposition.