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(영문) 서울동부지방법원 2019.08.09 2018가단120521
대여금
Text

1. Defendant C’s 32,00,000 won and its related amount on July 20, 2018, within the scope of inheritance from the network D.

Reasons

1. Facts of recognition;

A. On February 19, 2014, the Plaintiff drafted a loan certificate stating that “The deceased lent KRW 40 million to the deceased (the deceased’s death on February 1, 2018; hereinafter “the deceased”) and that “the deceased will repay KRW 40 million to the Plaintiff by August 19, 2014” (hereinafter “instant one loan certificate”).

B. Around October 2017, the Plaintiff loaned a total of KRW 30 million to the Deceased, and then repaid KRW 20,44 million to the Deceased on January 8, 2018, and leased KRW 30,000 to the Deceased. On February 12, 2018, the Deceased drafted a loan certificate stating that “The Deceased will pay KRW 40 million to the Plaintiff (hereinafter “instant second loan certificate”).

C. The Deceased died on February 1, 2018, and the Defendants inherited the Deceased.

The Defendants filed a report with the Seoul Family Court 2018-Ma2699 on the renunciation of inheritance and the refusal of succession. On September 18, 2018, Defendant B received a judgment on the acceptance of a declaration of renunciation of inheritance from the above court, and Defendant C received a judgment on the acceptance of a declaration of refusal of succession.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, Eul's 1 through 4 (including each number), the fact that there is a significant fact in this court, and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Deceased is obligated to pay the Plaintiff a loan of KRW 80 million and damages for delay, depending on the description of the loan Nos. 1 and 2. The Defendants, as the inheritors of the Deceased, are obligated to pay the said money according to their share of inheritance, unless there are special circumstances.

B. The Defendants’ assertion (1) asserts that Defendant B reported the renunciation of inheritance, and Defendant C reported the inheritance limitation.

According to the facts acknowledged prior to the commencement of inheritance, Defendant B was decided to accept the report of renunciation of inheritance against the deceased, and the same position as that of Defendant B was not a heir since the commencement of inheritance by the retroactive effect of the renunciation of inheritance.

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