(영문) 전주지방법원 2020.07.02 2019재나112

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(영문) 전주지방법원 2020.07.02 2019재나112

대여금

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1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Confirmation, etc. of the judgment subject to review

A. Under the premise, the Plaintiff lent to the deceased E (hereinafter “the deceased”) the amount of KRW 4 million on September 10, 2008 as the due date for repayment on December 10, 2008. On September 19, 2008, the Plaintiff determined and lent the amount of KRW 3 million on December 19, 2008 as the due date for repayment on December 19, 2008 (hereinafter “instant loan”) and set the interest rate and damages rate on the instant loan between the deceased and the deceased at the time of the above lending at 30% per annum.

After that, as the deceased died on September 26, 2009, the Defendants jointly inherited the deceased’s property.

On December 23, 2009, the Defendants reported to the Jeonju District Court 2009Radan981, and received the said report from the said court on February 23, 2010.

B. On January 15, 2018, the Plaintiff, upon which the judgment subject to a review was finalized, filed a lawsuit claiming loans against the Defendants on January 15, 2018, with the purport that: (a) the Defendants were subject to the limitation of inheritance approval; (b) the Defendants did not enter the claims for damages against F Hospital of the deceased in the list of inherited property; (c) the insured’s claims for refund of insurance termination deposits against G Co., Ltd.; and (c) the deceased’s claims for refund of lease deposits against K; and (b) the Defendants filed a lawsuit claiming loans against the Plaintiff without limitation of liability with the former District Court 2018Da10223 to the effect that the Defendants shall perform all the obligations owed by the deceased against the Plaintiff without limitation of liability; and (c) on June 14, 2018, the first instance court rendered a judgment that partially accepted the Plaintiff’s claims.

The plaintiff appealed against the judgment of the court of first instance as the Jeonju District Court 2018Na6160, but the court of appeal held on June 20, 2019.

유사 판례

-전주지방법원 2019.06.20 2018나6160

-전주지방법원군산지원 2016.06.21 2016가단1583

-광주지방법원 2018.04.27 2014재나11

-서울중앙지방법원 2017.04.27 2017나7766

-대구지방법원김천지원 2014.07.16 2013가단11719