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(영문) 창원지방법원진주지원 2017.05.23 2015가단9062
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: (a) on June 30, 2013, the Plaintiff lent KRW 35,00,000 to the deceased E (hereinafter “the deceased”) on or after the due date on June 30, 2014; (b) paid KRW 16,491,000 to the deceased’s hospital expenses on behalf of the deceased; and (c) on the part of the deceased’s personnel expenses and transportation expenses for curios stores operated by the deceased, the Plaintiff paid KRW 3,750,00 to Nonparty F; (b) on behalf of the deceased, KRW 3,770,000 to Nonparty G; and (c) on the part of the deceased’s personnel expenses and transportation expenses, the Deceased paid KRW 70,00 to Nonparty H, the Deceased is obligated to pay KRW 59,641,000 (= KRW 35,00,000, KRW 16,000, KRW 3750,000,700).

However, since the deceased died, and Nonparty I, the inheritor of the deceased, renounced his inheritance, the lower-ranking Defendants should pay to the Plaintiff KRW 11,928,200, respectively, and delay damages therefrom, in proportion to their shares of inheritance.

2. According to the reasoning of the judgment of the court below, the Defendants filed an application for renunciation of inheritance with this court No. 2015-Ma727 on November 27, 2015, and received a judgment from this court on December 18, 2015.

According to the above facts, the defendants legally renounced their inheritance against the deceased. Accordingly, the plaintiff's claim based on the premise that the defendants succeeded to the deceased's obligations against the deceased cannot be accepted.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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