beta
(영문) 의정부지방법원고양지원 2017.09.14 2016가단88151

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion began to lend money to G from around 2000 to June 30, 2015, and the Plaintiff lent a total of KRW 1.4 billion as of June 30, 2015. However, as G died on September 1, 2016 and the Defendants were married with her husband, the Defendants are obligated to pay the Plaintiff the money as stated in the purport of the claim divided by inheritance shares.

2. According to the reasoning of the judgment of the court below, the Defendants filed an application for renunciation of inheritance with Seoul Family Court 2016-Ma8119 on September 19, 2016, and received a judgment from the above court on January 5, 2017.

According to the above facts, the defendants legally renounced their inheritance against the deceased. Accordingly, the plaintiff's claim based on the premise that the defendants succeeded to the deceased's obligations against the deceased cannot be accepted.

3. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit.