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(영문) 울산지방법원 2021.01.22 2019가단105923

대여금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the spouses who were born between the deceased D (hereinafter “the Deceased”) and the former spouse E, and the Defendant is the spouses who completed the report of marriage with the deceased on August 28, 2009.

B. On January 2, 2019, the Deceased died, and on January 22, 2019, the Defendant reported the renunciation of inheritance to the Ulsan Family Court (No. 5021) on January 22, 2019, and the said court rendered a ruling accepting the report on renunciation of inheritance on January 28, 2019.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence, Eul 6 evidence, the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. The summary of the Plaintiffs’ assertion was as follows: (a) KRW 252,8231,804 in total from December 30, 2015 to September 30, 2019 [the sum of KRW 189,362,141 (total sum of KRW 361,352,141 - total sum of KRW 171,990,000) in the Plaintiff’s G association account’s total sum of KRW 10,733,63,63 won in the H association account’s total sum of KRW 3.9 million in the Plaintiff’s I association account amount of KRW 3.9 million in total; (b) KRW 8.5 billion in the Defendant’s I association account amount of KRW 4.5 billion in total; and (c) KRW 2.5 million in the remainder of the amount of money donated on April 29, 2016, KRW 3.5 million in total (3.5 billion in total).

The deceased left 9,128 won of active inherited property at the time of death and 60,250,000 won of inherited property. The defendant renounced his inheritance and succeeded to only 30,075,436 won of inherited property. Thus, the above gift infringed upon the plaintiffs' forced inheritance amounting to 57,59,854 won of inherited property (252,82,8231,804 won of inherited property - 99,128 won of inherited property - 60,250,00 won of inherited property - 60,250 won of inherited property - 1/7 of oil claimed by the plaintiffs).

Therefore, the defendant is obligated to pay the above-mentioned legal reserve amount and delayed damages to the plaintiffs.

B. First of all, the Plaintiffs’ assertion that each of the three parts of the attached Table 3 was traded from July 3, 2019 to September 30, 2019 after the deceased’s death, and that each part of the three parts of the attached Table 3 was obvious in their respective claims.