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(영문) 수원고등법원 2020.01.09 2019나15270
손해배상 등 청구
Text

1. The plaintiff's claim against the defendant B that was changed in exchange in this court is dismissed.

2. The plaintiff's defendant C.

Reasons

1. The reasoning for this part of the basic facts is as stated in the reasoning of the judgment of the first instance, i.e., “1. basic facts” as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the reasons as follows.

The second instance judgment shall be added following the 18th instance judgment as follows.

C. On the other hand, on August 29, 2019, the Suwon Family Court rendered a ruling of recommending reconciliation [the head office office 2018ddan51284, 2019ddan50922 (Counterclaim)] on the grounds of property division [the above ruling of recommending reconciliation became final and conclusive around that time (Evidence 23).]

2. Determination as to the claim against the defendant B

A. The Plaintiff asserted that the instant loan claim against D was transferred as a division of property through a decision to recommend reconciliation in the above Suwon Family Court 2018ddan51284 (principal lawsuit), 2019ddan50922 (Counterclaim).

However, Defendant B, the inheritor after the death of the deceased, renounced inheritance, but did not intentionally enter the deceased’s property on the list of property and fraudulently consumed the property borrowed from the deceased. As such, it should be deemed that a simple approval was made pursuant to Article 1026 of the Civil Act.

Therefore, Defendant B is obligated to pay the Plaintiff the loans of this case KRW 200 million and damages for delay as the inheritor of the Deceased.

B. The waiver of the judgment is retroactively effective from the time of the commencement of the inheritance (Article 1042 of the Civil Act): Provided, That where the inheritor conceals or wrongfully consumes the inherited property after the inheritor renounced his/her inherited property, it shall be deemed that the mere approval was granted (Article 1026 of the Civil Act). However, the evidence submitted by the Plaintiff alone is difficult to recognize that the Defendant B concealed or wrongfully consumed the deceased’s property, and there is insufficient

In addition, the renunciation of inheritance is sufficient to report the renunciation to the Family Court within the prescribed period and unlike the qualified acceptance.

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