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(영문) 서울동부지방법원 2021.02.18 2019가단132095
대여금
Text

The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, as the deceased C, took up KRW 100 million on October 27, 2014, and KRW 30 million on November 20 of the same year, respectively, to the deceased C, and thus, the Defendant is obligated to repay the above obligation as the deceased C’s heir.

The argument is asserted.

The evidence Nos. 1 and 2 is insufficient to recognize the above lending by itself, and there is no other evidence to acknowledge it.

2. The Plaintiff, as alleged by the Plaintiff, lent the sum of KRW 130 million to the deceased D.

Even if there is no dispute between the parties, or according to the purport of the whole pleading in the statement of evidence No. 1 of the deceased C, the defendant, who is the deceased C's father, reported the renunciation of inheritance on December 29, 2017 to the Seoul Family Court 2017 Gao 10355, and on March 30, 2018, can be recognized that the above report was accepted. As long as the defendant's report of renunciation of inheritance was accepted lawfully, the defendant was not the deceased C's heir from the beginning according to the retroactive effect of the renunciation of inheritance.

In the end, the defendant's assertion pointing out this point is with merit, and the plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed for lack of reasonable grounds.

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