대여금
1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.
The Defendants, respectively, shall be the Plaintiff 90,227.
1. Basic facts
A. On October 16, 2009, the Plaintiff borrowed KRW 600,000,000 (hereinafter “the instant loan”) to J (hereinafter “the deceased”) at the maturity of payment on December 30, 2010 and at the rate of 1.2% per interest, and E guaranteed the deceased’s obligation on the instant loan.
B. The Plaintiff was the deceased’s death of scrap metal. Before receiving scrap metal, the Plaintiff paid a certain amount of money in advance to the deceased as advance payment, and the Plaintiff paid the amount in advance by receiving the scrap metal from the deceased in the way of filing the said scrap metal amount.
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.
At the time of discontinuance of transaction, 41,788,530 of the advance payment paid by the Plaintiff remains.
C. On August 6, 2010, the deceased’s death and the renunciation of inheritance by some lineal descendants died. The bereaved family members of the deceased were Defendant E and C and I, the spouse of the deceased. C and I reported the renunciation of inheritance on September 27, 2010 to the Suwon District Court Branch No. 201107, Jun. 27, 2010. The said report was accepted on November 19, 2010.
On the other hand, Defendant F was the child of Defendant A, Defendant B, and I.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings
2. Determination as to the request for return of loan
A. According to the above facts of recognition as to the cause of the claim, the deceased is obligated to pay the loan of this case and its interest and delay damages to the plaintiff.
Meanwhile, the Defendants, who are lineal descendants of the deceased, become the first-class heir due to the renunciation of inheritance by C and I (see, e.g., Supreme Court Decision 95Da27769, Sept. 26, 1995). The Defendants jointly with E, the deceased’s spouse, and jointly with E, the Defendants.