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(영문) 서울동부지방법원 2015.11.19 2013가단68321
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff, as the cause of the instant claim, lent KRW 120,00,00 to B around September 2010, and was reimbursed for the amount exceeding KRW 21,106,122 among them. The Defendants asserted that the Defendants succeeded to the remainder of the loan obligations upon the death of July 5, 2014 during the instant lawsuit, and thus, the Defendants filed an application for renunciation of inheritance with the Seoul Family Court on September 17, 2014, and the said court rendered a ruling to accept the said application on December 3, 2014, did not conflict between the parties, and thus, the Defendants did not retroactively succeed to B’s death pursuant to Article 1042 of the Civil Act, and the Defendants eventually did not inherit the remainder of the loan obligations asserted by the Plaintiff.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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