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(영문) 부산지방법원 동부지원 2018.07.05 2017가합1201
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. Facts of recognition;

A. On January 16, 2017, the Plaintiff: (a) determined 280,000,000 won at an annual interest rate of 6% per annum; (b) principal and interest due date on April 15, 2017; and (c) lent 25% per annum to the deceased E (hereinafter “the deceased”).

B. The Deceased died on October 31, 2017, and the first-class inheritor is the spouse B, Defendant C, and D’s children.

C. On December 20, 2017, the Defendants and lower-ranking inheritors of the Deceased filed a declaration of renunciation of inheritance with the Busan Family Court 2017 was 4071, and the said declaration was accepted on January 3, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (including additional number; hereinafter the same shall apply), Eul's statements and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant B, the inheritor of the Deceased, has a duty to pay interest and delay damages to the Plaintiff as inheritance liability amounting to KRW 120,000,00 (=280,000,000 x 3/7). Defendant C and D are liable for inheritance liability amounting to KRW 80,000,000 (=280,000,000 x 2/7) and each of the above money.

3. The Defendants’ defenses raised by the Defendants were proved to have waived the deceased’s property inheritance. Thus, the Defendants filed a declaration of renunciation of inheritance with the Busan Family Court Decision 2017Ra4071 and accepted the said declaration on January 3, 2018, as seen earlier. Therefore, the Defendants’ defenses are with merit.

As to this, the plaintiff claimed that the plaintiff requested the defendants to pay his debt before the deceased's birth, and the defendants knew that there are more active property than the deceased's passive property before the report of renunciation of inheritance, so the defendants should be considered to have granted simple approval. However, the above circumstances asserted by the plaintiff are insufficient evidence to acknowledge, and it does not constitute a ground for statutory simple approval under each subparagraph of Article 1026 of the Civil Act. Thus, the plaintiff's above assertion is without merit.

4. If so, the Plaintiff’s death.

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