logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.02.06 2018가합210809
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 2018, the Plaintiff loaned the net F (hereinafter “the deceased”) KRW 20 million in total, and KRW 220 million in September 28, 2018 (hereinafter “the Plaintiff’s repayment period”) to the deceased (hereinafter “the instant loan”) on October 26, 2018.

B. The Deceased died on October 30, 2018, and the Deceased’s inheritor is the Defendant B (Inheritance Shares 3/9) and the Defendant C, D, and E (Inheritance Shares 2/9) who are the spouse.

C. On November 26, 2018, the Defendants, the inheritor of the Deceased, filed a declaration of renunciation of inheritance with the Daegu Family Court 2018 Daehan2872, and the said court rendered a judgment accepting the said declaration on January 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion has the claim for the loan of this case against the deceased.

The Defendants renounced inheritance against the deceased’s property. However, the Defendants concealed or disposed of the property included in inherited property as follows, and performed their obligations to the specified obligees. As such, the Defendants are deemed to have granted simple approval to the inheritor in cases where any of the following grounds exists under Article 1026 subparag. 1 of the Civil Act (legal simple approval).

1. There exists any ground for legal simple approval prescribed by the heir when the heir disposes of the inherited property;

① At the time of death, the Deceased operated the wholesale and retail store of “G”’s main product.

Ccorporeal movables in G constitute inherited property. After the death of the deceased, the Defendants carried out part of the above corporeal movables, and paid to some creditors as a repayment of debts, etc.

② On November 26, 2018, the Defendants also repaid the Defendant’s loan obligations against H Co., Ltd. (hereinafter “H”) of the Deceased.

Therefore, the Defendants, the inheritor of the deceased, are the amount calculated by dividing the loans of 220 million won to the Plaintiff according to the inheritance ratio.

arrow