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(영문) 대전지방법원 2019.10.23 2019가단3902
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion was made from June 27, 2016 to June 28, 2018 by frequently lending KRW 213,910,00 to the deceased B without interest agreement, but the Defendants, the deceased’s heir, are still obligated to pay the said money to the Plaintiff.

2. Comprehensively taking account of the purport of the statement in the evidence No. 1 and the entire argument as to May 10, 2017, Defendant C may recognize the fact that consultation with B was married on May 10, 2017, that B died on December 4, 2018, and that Defendant D, who is the child of B, was tried to waive inheritance as Suwon District Court 2019Mo324 on February 20, 2019. Defendant C does not fall under B’s inheritor after divorce before the death, and Defendant D retroactively lost the status of inheritor at the time of receiving the adjudication to waive inheritance. As such, the Plaintiff’s assertion premised on the premise that the Defendants are the inheritor of B is without merit.

3. 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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