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(영문) 창원지방법원진주지원 2015.06.09 2015가단744
대여금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion: (a) on June 30, 2013, the Plaintiff lent KRW 35,00,000 to the deceased C (hereinafter “the deceased”) on or after the due date on June 30, 2014; (b) paid KRW 16,491,000 to the deceased’s hospital expenses on behalf of the deceased; and (c) on the part of the deceased’s personnel expenses and transportation expenses for curios stores operated by the deceased, the Plaintiff paid KRW 3,750,00 to Nonparty D, for the deceased, KRW 3,770,000,000 to Nonparty E and KRW 70,00 to Nonparty F on behalf of the deceased; and (c) the Deceased is obligated to pay the Plaintiff KRW 35,641,00 (= KRW 35,000,000, KRW 16,000, KRW 3750,000, KRW 3700,700).

However, since the defendant inherited the above obligation of the deceased as a result of the death of the deceased, the defendant must pay the plaintiff the above 59,641,000 won and damages for delay.

2. According to the records on the evidence No. 1, it is recognized that the Defendant filed an application for renunciation of inheritance with the court No. 2014Mo535, Oct. 30, 2014, which was within three months from August 4, 2014, the deceased died, and received a judgment from this court on November 19, 2014.

According to the above facts, the defendant legally renounced the inheritance to the deceased, and eventually, the plaintiff's claim based on the premise that the defendant inherited the deceased's obligation to the plaintiff cannot be accepted.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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