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(영문) 부산지방법원동부지원 2019.11.19 2018가단13570
대여금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the parties' arguments

A. The key points of the Plaintiffs’ assertion are as follows: (a) the Plaintiffs lent money to the network G (hereinafter “the network”) as indicated in the separate lending details; and (b) partially repaid the money.

On November 28, 2018, the deceased died, and the remaining debt of the deceased against the Plaintiffs was inherited to the Defendants, who are the deceased’s spouse or children, according to their statutory inheritance ratio.

Therefore, the defendants are obligated to pay the amount stated in the claims to the plaintiffs.

B. The defendants' arguments are not in compliance with the plaintiffs' claims since they reported the renunciation of inheritance in the inheritance of the deceased's property.

2. Determination

A. According to the evidence Nos. 4-1, 2, 3, and 1 evidence No. 4-1, the deceased died on November 28, 2018. On December 26, 2018, the Defendant D, Defendant E, and F, the deceased’s spouse, reported the renunciation of inheritance to renounce the deceased’s inheritance under the heading 2018 D, Defendant E, and F, the spouse of the deceased, the Busan Family Court, on December 26, 2018, and the above court accepted the Defendants’ refusal of inheritance on January 9, 2019.

B. According to the above facts of recognition, the Defendants were to have received a report of renunciation of inheritance, which led to the commencement of inheritance by the deceased, and became not the inheritor of the deceased.

Therefore, (Article 1042 of the Civil Act). The plaintiffs' claims against the Defendants premised on the Defendants as deceased's inheritors are without merit.

3. In conclusion, the plaintiffs' claims against the defendants are dismissed without merit.

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