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(영문) 서울남부지방법원 2018.01.09 2017가단218097
대여금
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion and the defendant are children of D.

D, around 2001, around 140,000 won, and around 50,000,000 won, each of which was leased to the Defendant, and each of which was paid 200,000 won, and the Defendant was dead on December 2016.

The heir of the network D is the spouse E and six children, and the credit against the Defendant, the only property of the network D, was transferred to the plaintiffs 2/15 shares.

Therefore, the Defendant is obligated to pay to the Plaintiff A KRW 25,30,000 (=190,000,000 + 2/15,000; hereinafter the same shall apply) and to the Plaintiff B KRW 22,870,00 (=25,30,000 - 2,460,000 borrowed money to the Plaintiff’s Defendant) and delay damages for each of the above money.

2. Determination is based on the following: (a) where the content of a claim, such as a monetary claim, is divided and reverted to co-inheritors at the time of commencement of inheritance in cases of joint inheritance; and (b) thus, it cannot be subject to division of inherited property as a matter of principle (see, e.g., Supreme Court Order 2014No. 122, May 4, 2016). If a claim against the Defendant of the network D’s claim is established, the claim against the Plaintiffs is divided into loans according to legal shares at the time of commencement of inheritance with the commencement of inheritance, and the claim for return of the amount according to legal shares is reverted to the Defendant, the obligor of the network D, who is the obligor, can claim the return of the amount according to the statutory shares of inheritance; (b) however, there is insufficient evidence to acknowledge that the net D lent money to the Defendant; and (c) there is no other evidence to support this.

3. In conclusion, the plaintiffs' claim against the defendant in this case against the defendant is dismissed as it is without merit. It is so decided as per Disposition.

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