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(영문) 광주지방법원해남지원 2016.06.30 2015가단4525

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that, around 2012, the Defendant had lent KRW 30,000,000 to the deceased C (Death, July 5, 2015) at an annual interest rate of 2%, and on August 30, 2012, the payment period of reimbursement of KRW 30,000,000, and the delay damages therefrom under the Defendant’s joint and several surety.

The evidence No. 1 (Evidence) cannot be used as evidence because there is no evidence to acknowledge the authenticity of the defendant, and there is no other evidence to acknowledge the fact of joint and several sureties by the defendant.

Therefore, we cannot accept this part of the plaintiff's assertion premised that the defendant is a joint and several surety.

2. The Plaintiff asserts that the Defendant’s joint and several liability is not recognized, even if the Defendant’s joint and several liability is not recognized, the Plaintiff seeking performance of the obligation to return borrowed money corresponding to the statutory inheritance (3/9) by asserting that it is the deceased C’s heir.

Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1, 2, and 3, the fact that there was D, E, and F, the spouse of the deceased C, and his/her children; however, the defendant, E, and F filed a report on renunciation of inheritance with the Gwangju Family Court on September 25, 2015, as the former Family Court No. 20175, Sept. 27, 2015, and D filed a report on the renunciation of inheritance on October 27, 2015. On November 6, 2015, it can be recognized that the report was accepted on November 6, 2015 by filing a report on the qualified acceptance of inheritance with the Gwangju Family Court 2015 was filed on November 6, 2015.

As long as the Defendant renounces inheritance, this part of the assertion premised on the premise that the Defendant is the deceased C’s heir cannot be accepted.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.