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(영문) 서울남부지방법원 2017.01.12 2015나26127
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) borrowed KRW 5 million from the Plaintiff on January 15, 2013, and, on April 15, 2013, issued a certificate of borrowing KRW 2 million on the same day to the Plaintiff by December 20, 2013 (Evidence (Evidence (Evidence (A (1)) with the purport that the Plaintiff will repay the total amount of KRW 7 million to the Plaintiff by December 20, 2013.

B. Thereafter, the Plaintiff received KRW 950,000,000 from the Deceased on December 27, 2013, KRW 350,000,000 from the Deceased, KRW 150,000 on April 28, 2014, KRW 150,000 on May 15, 2014, and KRW 9,50,000 on July 20, 2014.

C. After doing so, the Deceased died on October 30, 2014, and his heir is Defendant B and Nonparty C, the spouse, and Nonparty E.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5, Eul evidence 4, the result of the written appraisal by the appraiser F of the party trial, the purport of the whole pleadings

2. In a case where the content of performance is jointly inherited, such as a pecuniary obligation, if the performance is jointly inherited, this is naturally divided and reverted to co-inheritors according to the statutory share of inheritance (see Supreme Court Decision 97Da8809, Jun. 24, 1997). Defendant B agreed to pay 6050,000 won (i.e., KRW 7 million -., KRW 950,000,000 to KRW 7 million, and the Plaintiff agreed to pay interest every 150,000 won every month from May 15, 2013 to KRW 1.50,000,000,000 to KRW 2,592,857,000 per annum from the day following the date of the Plaintiff’s inheritance (i.e., KRW 6057,000 to KRW 33/70,000). Defendant C’s share of inheritance (i.e., KRW 271, 271.,27151.

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