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Reasons
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(영문) 서울서부지방법원 2017.11.02 2016가합2840
차용금반환 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 11, 2013, the Defendant, as the representative director of C Co., Ltd., prepared a certificate of borrowing from the network D (hereinafter “the deceased”) on December 18, 2012, KRW 500 million, and KRW 150 million on March 4, 2013, with the maturity of payment fixed on July 12, 2013.

B. Upon the deceased’s death on March 24, 2015, E filed a request for adjudication to waive inheritance with the Seoul Family Court 2015-Ma5475 on June 12, 2015, and the said report was accepted on August 25, 2015. G, H, H, and I, a sibling of the deceased, renounced inheritance with the Seoul Family Court 2015-Ma5527 on June 15, 2015, and the said report was accepted on August 18, 2015. On June 15, 2015, the Plaintiff, a female employee of the deceased, filed a request for adjudication to revoke inheritance with the Seoul Family Court 2015-Ma528 on September 15, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff deceased lent KRW 650 million to the defendant. Since the deceased died and the deceased's senior heir and his senior heir renounced inheritance, the plaintiff was the only heir of the deceased, the defendant is obligated to pay the above loan amounting to KRW 650 million to the plaintiff.

B. Defendant E shall be deemed to have obtained partial payment from the Defendant prior to the waiver of inheritance, and a simple acceptance shall be deemed to have been made. The lower-ranking Plaintiff is disqualified as inheritor. As such, the instant claim should be dismissed as a claim by a person who is not qualified as the Plaintiff, or its claim does not exist. Therefore, it shall be dismissed.

In addition, the defendant paid part of the borrowed amount to the deceased, after the deceased died, approximately KRW 200 million was paid to E, and E exempted the remainder of the borrowed amount, so the plaintiff's assertion is without merit.

3. In a lawsuit on the performance of judgment as to this safety defense, the person who asserts himself/herself as the right to demand performance has standing to sue.

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