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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The defendant's succession to the lawsuit is supported by the defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff lent KRW 45 million, including KRW 15 million on August 23, 2013, and KRW 30 million on January 27, 2014, to the network D’s account in the name of one bank in the name of the deceased F.
B. The deceased died on October 30, 2014. On March 3, 2014, the first heir B, the heir C, the next heir I, the J, etc. received the declaration of renunciation of inheritance on March 3, 2015, Seoul Family Court Decision 2014 Ma30925, which received the declaration of renunciation of inheritance.
C. On June 30, 2016, the Defendant was appointed as an administrator of inherited property of deceased D and taken over the instant lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, fact-finding inquiry results to the head of Gangdong-gu Seoul Metropolitan Government Office of the first instance, and the results of the order to submit financial transaction information to Han Bank, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant, as an administrator of inherited property of the network D, is obligated to pay the Plaintiff the amount of KRW 45 million loans and the damages for delay calculated at the rate of 20% per annum from April 26, 2015 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case, to the day of complete payment.
3. Accordingly, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed, and the judgment of the court of first instance is modified according to the process of litigation in the court of first instance. It is so decided as per Disposition.