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(영문) 수원지방법원 2020.08.21 2020나58083
대여금
Text

1. The plaintiff's appeal against the defendant C is dismissed.

2.The preliminary claims, including any supplementary claims, made by this Court.

Reasons

1. Judgment on the main claim

A. According to the purport of Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 (including serial numbers) and Eul evidence Nos. 1, and the whole pleadings, the part concerning the defendants' claim for the performance of the inheritance obligation.

(2) On October 20, 2016, the Plaintiff borrowed KRW 9,836,00 in total from the deceased’s loan principal to the deceased’s account by means of remitting the deceased’s account or receiving a cash loan, and ② On the other hand, the Plaintiff received KRW 900,000 from the deceased on October 20, 2016, and thereafter thereafter, paid the remainder of KRW 18,936,00 (hereinafter “instant loan”).

(3) On January 17, 2019, Defendant C, the deceased’s spouse, as the deceased died on December 10, 2018, filed a qualified acceptance report on the inherited property of the deceased on February 22, 2019 with the support of the Suwon Family Court of the Suwon Family on January 17, 2019, and filed such report on February 22, 2019 (the foregoing court 2019Mo60; hereinafter “instant qualified acceptance”).

(2) According to the above facts, the Defendants, the deceased’s inheritor, have the duty to inherit the deceased’s debt on the loan of this case according to the deceased’s statutory share of inheritance and pay it. However, according to the qualified acceptance of this case, the above obligation shall be limited to inherited property. Therefore, within the scope of the property inherited from the deceased, Defendant B, the Plaintiff, within the scope of the property inherited from the deceased, Defendant B, the Plaintiff (i.e., KRW 18,936,00 x 3/5 x 7,574,400 x 18,936,000 x 2/5 x 2/5), and the damages for delay on each of the above money (i.e., whether there is a ground for simple approval. 2) The Plaintiff is obligated to make a judgment on whether there is a ground for simple approval. As such, since the Defendants did not intentionally enter the lease deposit return claim 5,000,000 won in the list of inherited property or disposed of the above claim, it shall be deemed as simple approval (Article 10633).

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