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(영문) 수원지방법원성남지원 2020.09.23 2020가단212896
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Determination on the cause of the claim and the defenses on the renunciation of succession

A. 1) The Plaintiff loaned KRW 10,000,00 to E on April 18, 2013, and on May 4, 2020, the interest on the loan unpaid as of May 4, 2020 is KRW 10,415,594, and the interest on the loan for delay is KRW 10.18%. 2) The Plaintiff loaned to E an amount of KRW 50,000,00 on June 12, 2018, and the interest on the loan for delay as of May 4, 2020 is KRW 51,910,593, and the interest on the loan for delay is KRW 7.5% per annum.

3) The Plaintiff loaned KRW 10,011,976 to E on August 11, 2009, and on May 4, 2020, the outstanding principal and interest of KRW 10,268,484 as of May 4, 2020, and the rate of delay delay interest rate of KRW 10.12% per annum. 4) E died on November 17, 2019, and the Defendants are heirs of E.

5) Defendant C was adjudicated on February 28, 2020 by filing a report of renunciation of inheritance with the Sung-nam Family Court Branch Branch of 2020 Gadan140, and was adjudicated on February 28, 2020. Defendant D filed a report of renunciation of inheritance with the Sung-won Family Court Branch of 2020 Gadan470, and was adjudicated on July 1, 2020 to accept it. [The grounds for recognition are without dispute, Gap 1, 2, and Eul 1, and the purport of the entire pleadings.]

B. According to the above facts of recognition, the Defendants, as the inheritor of the deceased, bear the Plaintiff’s obligation to pay the deceased’s loan according to their inheritance shares, but they received the adjudication to accept the report of renunciation of inheritance. Accordingly, the Plaintiff’s claim seeking the performance of the inheritance obligation against the Defendants is without merit.

2. Conclusion, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.

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