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Reasons
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(영문) 서울고등법원 2018.06.27 2017나2069183
차용금반환 등
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1. The defendant shall pay to an independent party intervenor KRW 756,289,617 as well as his/her annual interest from January 25, 2016 to December 6, 2017.

Reasons

1. The first instance court dismissed the Plaintiff’s claim based on the premise that the Plaintiff, a junior inheritor, succeeded to the deceased’s property, rather than the Intervenor’s claim against the deceased D (hereinafter “the deceased”).

The plaintiff appealed against this, and the intervenor participated as an independent party in this court.

On the second date for pleading of this Court, the Plaintiff withdrawn from the lawsuit of this case with the Defendant’s consent.

Therefore, the subject of the court's adjudication is limited to the part of the intervenor's claim.

2. Basic facts

A. On March 11, 2013, the Defendant borrowed respectively KRW 50 million from the Deceased on December 18, 2012, and KRW 150 million on March 4, 2013, and drafted a certificate of borrowing on July 12, 2013.

B. On September 1, 2013, the Defendant issued a promissory note of KRW 800 million at face value and KRW 31,000 on October 31, 2013 with the Deceased as the addressee (hereinafter “instant promissory note”). On September 2, 2013, a notarized deed on the said Promissory Notes (No. 217, 2013, No. 2013, No. 2017, No. 2017, No. 2013, No. 2013, No. 2013, No. 2013, No. 2013, Sept. 2, 2013

C. Upon the deceased’s death on March 24, 2015, the Intervenor filed an appeal for renunciation of inheritance with the Seoul Family Court Decision 2015Mo5475 on June 12, 2015, and the said report was accepted on August 25, 2015.

However, on May 22, 2015, the Defendant withdrawn KRW 9 million from the account under the name of the Defendant in cash and paid to the intervenors as the repayment of the above loan around that time.

On September 2015, an intervenor delegated the right to collect money from the Defendant to J, which was an employee of a company operated by the Deceased, by delivering the Notarial Deed of the Promissory Notes in this case.

The J received KRW 133,00,000 in total (which appears to be the sum of money received by the Intervenor and the J from the Defendant) between May 21, 2015 and January 24, 2016.

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