beta
Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff loaned to the network E (hereinafter “the deceased”), the amount of KRW 4 million on September 10, 2008, as the due date for repayment on December 10, 2008, and the amount of KRW 3 million on September 19, 2008 was set as the due date for repayment on December 19, 2008 (hereinafter “instant loan”) and lent each of the above loans to the deceased on December 19, 2008 (hereinafter “instant loan”). At the time of the above lending, the interest rate and damages rate on the instant loan between the deceased and the deceased were set as 30% per annum.
B. After that, as the deceased died on September 26, 2009, the Defendants jointly inherited the deceased’s property.
C. On December 23, 2009, the Defendants filed a report on the re-approval of inheritance with the Jeonju District Court 2009Hun-Ma981, and received the said report from the said court on February 23, 2010.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendants, co-inheritors of the deceased, are obligated to pay each of 2,333,333 won (i.e., the total amount of the instant loans KRW 7 million x 1/3, and less than KRW 1/3, and less than won hereinafter the same) and the agreed interest or delay damages to the Plaintiff within the scope of the inherited property from the deceased, unless there are special circumstances.
B. As to the Plaintiff’s assertion on the legal fiction of simple approval, the Defendants’ summary of the Plaintiff’s assertion are inherited property at the time of the report on the said qualified acceptance. ① Claim for damages to F Hospital due to the death of the deceased due to medical malpractice, ② G Co., Ltd. (the trade name thereafter changed to H Co., Ltd.; hereinafter “H”).
(3) The building of YYY-gu J (hereinafter “instant building”) located at the time of the deceased’s death, prior to his/her residence, is a claim for the refund of insurance termination upon termination of the insurance contract (I insurance of January 9, 2008).
Since the right to return the lease deposit was concealed or omitted intentionally in the list of inherited property, the Civil Code is applied.