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(영문) 서울북부지방법원 2019.01.11 2017가단122311
대여금
Text

1. Defendant (Appointed Party), Appointed Party D, and E shall each be within the scope of the property inherited from each net F to the Plaintiff.

Reasons

1. Facts of premise;

A. The Plaintiff (former G prior to the opening of the name) is F’s middle school Dong, and F was killed on May 15, 2017, and F was the inheritor of F (hereinafter “the deceased”). The heir of F (hereinafter “the deceased”) is a child-designated person D, E, and the Defendant (Appointed Party) (hereinafter “the heir”).

B. On July 24, 2012 to November 20, 2015, the Plaintiff transferred KRW 656,350,000 in total to Defendant C’s account, and KRW 134,787,50 in total to the Deceased’s account on August 26, 2015 to April 17, 2017, respectively.

(Specific details shall refer to the remittance details of the annexed Plaintiff).

On August 9, 2017, the inheritors filed an appeal for a limited acceptance of inheritance with the Seoul Family Court 2017 Madan51844, and the above court accepted the report on the qualified acceptance on November 17, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 3-7, 12-16 evidence, Eul 1 evidence, and the result of this court's response to an order to submit financial transaction information to Hbank, the purport of the whole pleadings

2. Determination

A. (i) As to the claim against the deceased’s heir, the Plaintiff deceivings the Plaintiff to return money from the deceased’s lending of money to his credit business, and by inducing the Plaintiff to transfer money to the deceased or the Defendant C’s account under the name of the loan, and defrauds the money. As such, the Plaintiff asserts that the Plaintiff is liable to compensate for tort around KRW 50,000,000, which is part of the remittance amount as stated in [Attachment 1 and 2], and the conjunctively liable for the return of the loan.

B. The deceased’s heir did not see the Plaintiff’s assertion that the deceased had taken money by deceiving the Plaintiff and wired money, and therefore, the deceased is liable for damages equivalent to KRW 50,00,000, which the Plaintiff seeks.

However, as seen in the premise facts, the deceased’s inheritors made a qualified acceptance.

Article 22(1) of the Civil Act provides that “The heir shall not only dispute the amount of money transferred to the Plaintiff upon the primary claim of the Plaintiff, but also use the money borrowed from the deceased.

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