(영문) 인천지방법원 부천지원 2018.05.08 2017가단103032

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(영문) 인천지방법원 부천지원 2018.05.08 2017가단103032

대여금

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1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff lent KRW 150,156,00 to the deceased G (hereinafter “the deceased”) from April 27, 2009 to November 13, 2015, and received KRW 81,415,00 from the deceased.

Therefore, the Defendants, the inheritor of the deceased, are obligated to repay the loans, such as the entries in the purport of the claim, according to their respective inheritance shares.

B. The court below dismissed the plaintiff's claim on November 29, 2017 on the ground that the plaintiff's spouse, defendant C, D, E, and F were the deceased's children, while considering the overall purport of the arguments in the evidence Nos. 6 and 7, the plaintiff filed a lawsuit seeking revocation of a fraudulent act by asserting that the plaintiff's above loan claim against H against the deceased was a fraudulent act, as alleged in the above as the court below's 2016Gadan2385 as the defendant's right to preserve the above loan claim against H as the deceased's children, and the appellate court of the above case (Seoul District Court 2017Na53746) dismissed the plaintiff's claim on November 29, 2017 on the ground that the plaintiff's claim was insufficient to recognize the plaintiff's loan claim, and the plaintiff appealed (the Supreme Court Decision 2017Da292374) but it is not sufficient to recognize the plaintiff's claim on March 29, 2018.

(B) The Plaintiff asserted that the Defendants led to the confession of the loan amounting to KRW 10 million among the above loans. However, the Defendants asserted to the effect that they were aware of the Plaintiff’s loan amounting to KRW 10 million, but it is difficult to view that they led to the confession of the loan amounting to KRW 10 million. Therefore, the Plaintiff’s assertion is without merit without further need to determine the specific amount of payment by the Defendant.

2. Accordingly, the Plaintiff’s respective claims against the Defendants are dismissed on the grounds that they are without merit.

유사 판례

-창원지방법원진주지원 2020.09.08 2020가단30589

-서울중앙지방법원 2017.09.26 2016가단5185489

-광주지방법원 2013.02.08 2011나5956

-전주지방법원 2019.08.29 2018나12523

-인천지방법원 2017.11.29 2017나53746