대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 7, 2014, the Plaintiff asserted as the cause of the Plaintiff’s claim lent KRW 79 million to C general household loan, and thereafter C lost the benefit of time due to delinquency in payment of the above loan obligation.
C As the Defendant succeeded to C’s property upon the death of May 14, 2018, the Defendant is obligated to pay C the above loan obligation to the Plaintiff.
On the other hand, as of April 9, 2019, KRW 81,961,319, including the agreed interest rate of KRW 78,036,953, the agreed interest rate of KRW 697,091, overdue interest rate of KRW 3,227,275, etc., and interest rate of delay damages is 6.47% per annum. Thus, the Defendant is obligated to pay to the Plaintiff money calculated at the rate of KRW 81,961,319 and KRW 78,036,953, whichever is later, from April 10, 2019 to the date of full payment.
2. In full view of the results of the fact-finding conducted by the head of the Daegu Metropolitan City Suwon-gu fact-finding on the legitimacy of the instant lawsuit, the Defendant is extremely 11 years old at the time of the instant lawsuit to be brought to D and thus, it is extremely exceptional that the Defendant’s survival of a person aged 11 is confirmed that the Defendant died before the instant lawsuit was brought to court.
(See Supreme Court Decision 2002Da5873 Decided April 26, 2002, etc.). Accordingly, the instant lawsuit is unlawful as a lawsuit filed against the deceased person.