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(영문) 서울고등법원 2018.07.18 2017나2020102
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed.

2. The plaintiff added to this court to the defendants.

Reasons

Basic Facts

A. On April 1, 2006, the Plaintiff lent KRW 200 million to B, and the maturity period between B and B shall be July 31, 2006. The interest shall be paid at the last day of each month from the end of April 2006, and the interest shall be paid at KRW 4.8 million per annum, and if delay in repayment of principal, the interest shall be paid at the rate of 25% per annum for the principal, and the co-defendant C of the first instance trial shall be jointly and severally and severally liable for the said debt to the Plaintiff.

B. On May 7, 1998, the deceased F, the father of B (hereinafter “the deceased”) drafted a testamentary document stating that he will designate N as the executor of the will (hereinafter “instant testamentary gift”) of the instant real estate owned by himself.

C. As the Deceased died on April 4, 2015, G, the creditor of B, on September 4, 2015, the Seoul Central District Court 2009Kadan148661 decided on September 4, 2015, completed the instant transfer registration with respect to the instant real estate from the Deceased on the ground of subrogation for the final and conclusive judgment on the loan No. 2009Kadan148661, and the said real estate was transferred by inheritance from B, H, and the Defendants.

On the other hand, B, after the death of the deceased, expressed his intention to inherit the deceased’s heir, including the Defendants, as the inheritance share without receiving the instant legacy in 2015.

[Based on the basis of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 9, and 10, the testimony of the witness of the trial party, the testimony of this court, the significant facts in this court, the purport of the entire pleadings, and the purport of the plaintiff's assertion as to the revocation of fraudulent act and the claim for restitution of the original state, although the plaintiff is liable to pay the plaintiff the loan amount of KRW 200 million and the damages for delay, the deceased F's heir of the real estate in excess of the debt, expressed his intention to waive the legacy made by the deceased F.

B The waiver of the above testamentary gift is a fraudulent act that reduces the joint security of its general creditors, including the plaintiff.

Therefore, the plaintiff as the creditor of B is above.

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