(영문) 창원지방법원 2015.07.01 2014나12588

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(영문) 창원지방법원 2015.07.01 2014나12588

대여금

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff loaned KRW 100,000,000 on July 25, 2005 to the network E, and KRW 100,000,000 on August 3, 2005 (hereinafter “instant loan”). As such, the network E is obligated to pay KRW 200,000,000, which the Plaintiff seeks as part of the instant loan totaling KRW 200,000,000, and damages for delay.

However, as the Defendants inherited the Defendant’s debt of the instant loan due to the death of the deceased E, the Defendants should pay each of the Plaintiff KRW 6,66,66,66 and delay damages.

B. The defendants' assertion that the defendants were not able to respond to the plaintiff's claim since they renounced the inheritance of the network E.

2. In full view of the purport of the entire pleadings, together with the statement No. 1 No. 1, it is recognized that after the deceased on November 30, 2005, the Defendants reported the renunciation of inheritance to the Changwon District Court 2006Ra23 on January 12, 2006, and received a judgment from the above court on January 25, 2006 to accept the Defendants’ refusal of inheritance from the above court.

According to the above facts of recognition, it is reasonable to view that the defendants' inheritance obligations due to the death of the deceased E have retroactively extinguished at the time of commencement of inheritance due to the renunciation of inheritance. Therefore, the plaintiff's claim against the defendants is without merit without further review.

As long as it is found that the net E property exists, the Plaintiff asserts that the report of renunciation of inheritance should be considered as the report of inheritance limited acceptance. However, there is no legal basis to acknowledge this, and the Plaintiff’s assertion is without merit.

3. The plaintiff's claim against the defendants is all dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is all dismissed. It is so decided as per Disposition.

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