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(영문) 창원지방법원 2015.01.21 2014나5375
대여금
Text

1. Defendant C’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant C.

3. The lawsuit of the defendant C is taken over by the defendant C.

Reasons

1. Facts of recognition;

A. From the time of 2008, the Plaintiff lent KRW 82 million to the network (hereinafter the instant loan) and on December 21, 2009, the Plaintiff completed the registration of provisional attachment of KRW 82 million for the housing with the claim amount as to the second floor of cement brick slves slves slives E (hereinafter the instant building) owned by the network and with the claim amount as the claim amount on December 21, 2009.

(hereinafter referred to as the "registration of the first provisional seizure").

On February 7, 2012, the Plaintiff and the Network D agreed that the Plaintiff would repay the instant loan by cancelling the registration of the first provisional seizure. Pursuant to the agreement, the Plaintiff cancelled the registration of the first provisional seizure around February 10, 2012, and around the same time, D agreed that the remainder KRW 25,80,000 (=82 million - 57,200,000) out of the instant loan would be repaid to the Plaintiff by February 15, 2012.

C. The deceased D’s failure to repay the remainder of KRW 25.8 million among the instant loans, and the Plaintiff completed the registration of provisional seizure of KRW 25.8 million on August 8, 2012.

(hereinafter referred to as "registration of second provisional seizure").

On April 10, 2013, the network D repaid the Plaintiff KRW 13 million out of the remainder of the loans through its own F, and the Plaintiff cancelled the registration of the second provisional attachment on April 12, 2013.

E. On March 30, 2014, after the judgment of the first instance was rendered, the deceased on March 30, 2014, and on April 28, 2014, G, F, and H, who were the deceased’s children, gave up their respective renunciation of inheritance and received the report on May 9, 2014, the deceased’s spouse C, who was the sole inheritor, was the Defendant C succeeded to the lawsuit.

(In the absence of dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings)

2. According to the above facts of recognition as to the cause of the claim, Defendant C, who solely inherited the network D, has the remainder of KRW 12.8 million [=82 million - (57.2 million - KRW 13 million)] excluding the portion repaid by the network D among the instant loans, barring special circumstances.

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