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(영문) 춘천지방법원강릉지원 2015.04.29 2014가단7854
대여금
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. Basic facts

A. On October 2, 2007, the Plaintiff respectively lent KRW 27,500,000 to the net F (hereinafter “the net”) as “interest rate of KRW 200,000 per annum (9%) and until the time of repayment is sold on the ground.”

B. However, the Deceased paid only interest to the Plaintiff until August 2, 2014 and died on September 23, 2014.

C. Meanwhile, as the inheritor of the deceased, there are Defendants C, D, and E, who are the husband of the deceased, and their children.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings

2. Both claims and judgment

A. Both parties’ assertion that “the Defendant succeeded to the Defendant’s obligation to the Plaintiff on October 2, 2007, and thus, should pay the principal and interest of the loan according to their respective shares of inheritance.” However, the Defendants asserted that they were unable to respond to the Plaintiff’s claim since they renounced their inheritance to the deceased.

B. According to the reasoning of the evidence Nos. 1 and 2, it is recognized that the Defendants filed an application for renunciation of inheritance with the court No. 2014-Ma511 on November 19, 2014 within three months from the time the Deceased died ( September 23, 2014) and received the said report from the court on March 3, 2015.

According to these facts, the Defendants are deemed to have lawfully renounced their inheritance to the deceased. Accordingly, the Plaintiff’s claim based on the premise that the Defendants succeeded to the Plaintiff’s loan obligation on October 2, 2007 against the deceased.

3. Thus, the plaintiff's claim against the defendants is without merit.

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