logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.01.12 2015가단5933
대여금등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including paper numbers) and Eul evidence No. 1, the plaintiff agreed to lend KRW 40 million to the bank account in the name of defendant D on December 13, 201, and paid KRW 40 million to the plaintiff by December 11, 201, and Eul paid interest to the plaintiff by December 11, 2014, and died on May 27, 2015 when the lawsuit in this case was pending, and the defendant C, the son, the son of Eul, was the son of the same year.

8. 17. Fact that a waiver of succession has been made (In Incheon District Court 2015 Madan1698)

2. Determination

A. According to the above facts as to the claim against Defendant B, the party taking over the lawsuit against Defendant B, the Defendant C cannot be deemed to have succeeded to the obligation to borrow the loan against the Plaintiff. Therefore, this part of the Plaintiff’s assertion cannot be accepted.

B. It is difficult to view that Defendant D is jointly and severally liable for the above loan obligation solely on the ground that Defendant D received KRW 40 million from the Plaintiff as a bank account in the name of Defendant D with respect to the claim against Defendant D. Thus, the Plaintiff’s assertion on this part cannot be accepted.

3. Therefore, all of the Plaintiff’s claims against the Defendants are dismissed. It is so decided as per Disposition.

arrow