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(영문) 서울중앙지방법원 2015.05.27 2014나60490
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 20, 2008, the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) (hereinafter “ Solomon Savings Bank”) designated and lent 40 million won as the repayment period on June 21, 2013, interest rate of 27% per annum, overdue interest rate of 39% per annum, and the repayment method of 60 months as the equal repayment of principal and interest.

B. D delayed repayment in accordance with the above repayment method, and D’s loan obligations against D’s Solomon Savings Bank as of January 8, 2013 are the total amount of KRW 26,289,460 (= principal amount of KRW 5,140,620 or delay damages amount of KRW 21,148,840).

C. Meanwhile, on the other hand, D died on December 13, 2008. Defendant A was the deceased’s wife, Defendant B, and C’s children, and Solomon Savings Bank was declared bankrupt on April 30, 2013 and appointed the Plaintiff as the bankruptcy trustee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, purport of the whole pleadings

2. The Plaintiff asserts that the Defendants succeeded to the net D’s above loan obligations, and sought payment of the amount stated in the purport of the claim against the Defendants.

As seen earlier, the Defendants were the wife and children of the Deceased, but according to the evidence No. B No. 1, the Defendants’ abandonment of inheritance is recognized. Thus, the Plaintiff’s claim against the Defendants on the premise that the Defendants succeeded to the above loan obligations of the Deceased is without merit.

3. Therefore, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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