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(영문) 서울중앙지방법원 2016.09.08 2016가단5021523
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and judgment

A. On October 5, 2015, the Plaintiff lent KRW 90 million to Nonparty D (hereinafter “the deceased”). Since the deceased lost his/her benefit of time and was under his/her duty to repay the said money to the Plaintiff, the Plaintiff asserts that the Defendants, the inheritor of the deceased, are liable to pay the said money to the Plaintiff.

As to this, the Defendants asserted that the Defendants could not respond to the Plaintiff’s claim since they renounced the deceased’s inheritance.

B. In addition to the statement in Eul’s evidence No. 1, the Defendants filed a report on the renunciation of inherited property on January 4, 2016 with the Seoul Family Court Decision 2016Ra50199, as the deceased died on January 26, 2016, and the above report was accepted on June 30, 2016.

According to the above facts of recognition, the defendants did not inherit the deceased's obligations, and on a different premise, the plaintiff's assertion on the other premise is without examining the remaining points, and is without merit.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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