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(영문) 서울중앙지방법원 2015.12.08 2014가단204015
대여금
Text

1. To the extent of the property inherited from the net F,

A. The plaintiff A, the defendant C is 4,457,142 won, the defendant D.

Reasons

1. The Plaintiff leased KRW 17.7 million to the net F (hereinafter “the deceased”) from February 2, 201 to September 2013. The Plaintiff paid KRW 21 million to the Deceased on or around October 2008, but, on or around December 201, revoked the above sales contract and received a refund of the above purchase price from the Deceased. Plaintiff B lent KRW 5 million around September 201, 201, KRW 12 million around December 201, and the Deceased died on or around July 27, 2014, and Defendant D and his children jointly inherited, were not liable to pay KRW 21 million to the Deceased, and the Defendants agreed to pay KRW 5 million to the Deceased on or around December 2010.

2. Judgment on the defendants' assertion

A. On December 9, 2014, as to the Defendants’ assertion on the recognition of the inheritance limit by the Defendants, the fact that the said court rendered an adjudication on April 6, 2015 regarding the report of the inheritance limit by the Seoul Family Court 2014-Madan11633, which was filed by the Defendants with the deceased as the deceased’s decedent, was not disputed between the parties, or recognized by the statement of Eul 1, and thus, the Defendants are liable for the above payment liability against the Plaintiffs within the scope of the property inherited by the deceased.

Therefore, the defendants' assertion is justified.

B. As to this, the Plaintiffs received the decision of provisional seizure of claims against the Defendants regarding the deceased’s damage claim against the non-party G who killed the deceased, and in light of the circumstances that the Defendants received KRW 35 million under the agreement with G’s family members, even though they knew of the existence of the above damage claim of the deceased, the Defendants intentionally omitted the above damage claim on the inherited property list of the inherited property in the above inherited qualification judgment. Thus, the Plaintiffs granted absolute acceptance for inheritance pursuant to Article 1026 of the Civil Act.

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