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(영문) 인천지방법원 2020.12.10 2020가단11598
상속채무금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On October 23, 2018, the Plaintiff asserted that the deceased lent KRW 51 million to the net F (hereinafter “the deceased”). On January 16, 2020, the deceased lost the benefit of time due to failure to repay the principal and interest. As of May 24, 2020, the deceased’s obligation amounted to KRW 50,318,843, interest 1,859,208.

Since the Deceased died on October 9, 2019, G and H, a child, renounced inheritance, and the Defendants, a G’s child, inherited the Deceased, the Defendants are obligated to repay the Plaintiff’s obligation, as stated in the purport of the claim.

2. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 3 through 7 (including paper numbers), Eul evidence Nos. 1 and 2, the deceased died on Oct. 9, 2019. G and H reported the renunciation of inheritance in respect of the deceased’s inheritance on Jan. 6, 2020 (Seoul Family Court 2019Ra1988). The above judgment became final and conclusive around that time, and the Defendants, the next-order heir, filed a report on the renunciation of inheritance and received a ruling accepting it on Nov. 5, 2020 (the same court 2020Ra1259). The above judgment became final and conclusive around that time.

As long as the Defendants’ waiver of inheritance is duly accepted, the Defendants did not have succeeded from the beginning in accordance with the retroactive effect of the renunciation of inheritance. Thus, the Plaintiff cannot seek payment of the loan claims against the Defendants, without further examining the validity of the Plaintiff’s claim.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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