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(영문) 서울남부지방법원 2012.08.28 2011가합14252

대여금

Text

1. The Plaintiff:

A. Defendant E is jointly and severally with Defendant E 365,314,916, and Defendant A, B, and F amounting to KRW 81,181,092 of the said amount.

Reasons

Basic Facts

On October 16, 2009, the Plaintiff lent 600,000,000 won (hereinafter “the instant loan”) to the J (hereinafter “the deceased”) at the rate of 1.2% per December 30, 2010 and interest, and Defendant E guaranteed the deceased’s obligation to borrow the instant loan. The Plaintiff traded the scrap metal with the deceased’s intent to purchase the scrap metal. The Plaintiff paid a certain amount in advance to the deceased before receiving the scrap metal, and then paid the amount in advance from the advance payment.

On January 19, 2009, the Plaintiff provided advance payment of KRW 300,000,000 to the Deceased, maintained the transaction relationship with the Deceased for several months after commencing the transaction of scrap metal, and suspended the transaction around October 2009 by the Deceased’s death.

There were 41,788,530 won in advance paid by the Plaintiff Company at the time of discontinuance.

On August 6, 2010, the deceased died on his death and some lineal descendants, and on August 6, 2010, the deceased’s family members were Defendant E and C and I, the spouse of the deceased.

On the other hand, Defendant F was the child of Defendant A, B, and I.

C and I reported the renunciation of inheritance on September 27, 2010 to the Suwon District Court Branch of 2010 Madan1107, and the above declaration was accepted on November 19, 2010.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 (including each number), and the facts of the above recognition as to the ground of claim as to the claim for the return of loan as a whole, the deceased is obligated to pay the loan of this case and its interest and delay damages to the plaintiff.

Meanwhile, since the renunciation of inheritance has a retroactive effect on C, Defendant A, B, and F (hereinafter “Bs Defendants”) who are the lineal descendants of the deceased is the first heir (see, e.g., Supreme Court Decision 95Da27769, Sept. 26, 1995). Defendant E, the deceased’s spouse, is the rest of the Defendants.