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(영문) 수원지방법원 2018.07.11 2017가단511439
대여금
Text

1. Within the scope of the property inherited from the network E, Defendant B shall be within the scope of the property, Defendant B shall be KRW 12,642,857, and Defendant C shall be 12,857.

Reasons

1. Facts of recognition;

A. The Plaintiff had been aware of for a long time while running E and construction business. Upon the request of E, the Plaintiff lent KRW 19.5 million to E on February 27, 2012, and KRW 10 million on May 1, 2012.

(The money was deposited into E bank account) b.

In addition, the Plaintiff extended additional loans to E on January 21, 2013, 9.6 million won, and 6 million won on April 11, 2013, and this amount was deposited into the bank account of Defendant C, his father, at the request of E.

(The plaintiff alleged that the borrower of this loan is the defendant C, but it is not sufficient to admit the above argument solely on the ground that this amount was deposited into the bank account of defendant C, and there is no other evidence to acknowledge it, and considering all circumstances, this loan is also recognized as E).

E Deceased died on July 18, 2014, and the inheritor has the wife B (3/7) and the Defendant C and D (2/7 of the inheritance portion) who are children.

2. Determination

A. According to the above facts finding as to the cause of the claim, E was obligated to pay to the Plaintiff a total of KRW 45,10,000 ( KRW 19.5 million KRW 1,55 million KRW 9.6 million). However, as the Defendants, who were their inheritors upon the death of the Defendants, inherited such property according to their shares in inheritance, Defendant B was obligated to pay KRW 19,328,571 ( KRW 45.1 million KRW 3/7), Defendant C, and D, respectively.

However, the Plaintiff only sought payment of KRW 12,642,857 against Defendant B, and KRW 8,428,571 against Defendant D (which is based on the claim of the above 1-B loan to Defendant C). Therefore, the said Defendants’ payment obligation is limited to the Plaintiff’s claim amount.

The plaintiff sought only payment of the above 1-B loan to Defendant C, but as seen earlier, the borrower of the loan is recognized as E and the defendant C bears only the inheritance obligation.

As such, the claim against the part that exceeds the inheritance obligation of Defendant C is rejected.

B. The defendants' defenses of qualified acceptance are qualified acceptance for the net E's obligations.

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