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(영문) 서울고등법원 2015.08.20 2015나2012831
대여금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1. The first instance court;

Reasons

1. Basic Facts D A died on January 1, 2008 (hereinafter referred to as “the deceased”), and as the inheritor, there is the Plaintiff, Defendant, E, F, and G, the spouse of C, Defendant, E, F, and G.

[Ground of recognition] The fact that there has been no dispute, entry of Gap evidence 1 (including a paper number, hereinafter the same shall apply), and the purport of whole pleading

2. The plaintiff's assertion

A. From 2002 to 2004, the deceased around his primary claim: (a) the sum of KRW 500,000,000 and KRW 200,000,000 on February 2, 2006 set at KRW 5,00,000 per month; (b) the deceased lent the above loan claims against the Defendant against the deceased to the Defendant as the inheritance share ratio. The Plaintiff succeeded to the Plaintiff’s above loan claims upon the death of the deceased.

Therefore, the defendant should pay to the plaintiff 107,692,307 won (i.e., 700,000 won x inheritance shares of the plaintiff 2/13, and 2/13, and hereinafter the same shall apply) and interest or delay damages on the above loan claims.

B. After the death of the deceased, the Defendant in preliminary claim filed a reimbursement of KRW 100,00,000 among the above loans to C, and even if the repayment of the above amount is effective against co-inheritors including the Plaintiff, the Plaintiff shall pay to the Defendant the interest or delay damages incurred therefrom, deducting the amount equivalent to KRW 1/7 (the percentage of KRW 100,000,000, out of the total amount of the Defendant’s debt 70,000,000) that was extinguished by the repayment of KRW 107,692,30 according to the Plaintiff’s inheritance shares.

3. Determination

A. Under the premise that the Plaintiff’s main and conjunctive claim in the instant case lent KRW 700,00,000 to the Defendant before the death of the deceased, the Plaintiff sought to pay the amount equivalent to the remaining inheritance shares after seeking to pay the amount equivalent to the inheritance shares of the above loan claim or deducting the part partially repaid. Therefore, the issue of the instant case is whether the deceased lent the amount to the Defendant and whether it has been repaid.

B. First, the Deceased is determined.

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