(영문) 서울서부지방법원 2020.08.27 2019나41338

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2020.08.27 2019나41338

대여금

Text

1. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.

Defendant C is the Plaintiff 11,400.

Reasons

1. Basic facts

A. The Plaintiff’s mother H lent a total of KRW 57 million to G from around 2010 to around 2012, and on June 15, 2013, transferred the said loan claim to the Plaintiff.

G signed June 30, 2013, G drafted a cash custody certificate stating that the Plaintiff shall pay the said KRW 57 million up to June 30, 2014.

B. H filed a complaint by defraudation of F and G by means of loan, and F was dismissed on November 26, 2015, and G was prosecuted and convicted on September 22, 2015.

(Seoul District Court Branch of the Republic of Korea 2015dan70).

G (hereinafter referred to as “the deceased”) died on July 9, 2016, and there was the Defendants, D, and F, their children. The Defendants, D, and F reported special approval by the Jeonju District Court Branch Branching 2019Mo118 on July 19, 2019, and received an adjudication on acceptance of the declaration of qualified acceptance from the above court on August 30, 2019.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, 9 (including paper numbers, hereinafter the same shall apply), Eul's 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff KRW 1,40,000,000 (=57 million x 1/5) calculated by dividing the above loans according to their shares of inheritance and damages for delay.

3. Judgment on the defendants' assertion

A. The summary of the claim is that the Defendants were aware of the deceased’s property and status of obligations, and they knew of the fact that the inheritance obligation exceeds inherited property only after being served with the copy of the complaint in this case. However, without any gross negligence, they did not know that the inheritance obligation exceeds inherited property within three months from the time the inheritance was commenced without knowledge of the inheritance. In addition, the Defendants reported the qualified acceptance within three months from the time when they became aware of such fact and received a ruling of acceptance of the qualified acceptance, and thus, the Defendants are liable to perform the above obligation within

B. The adjudication of the Family Court 1’s acceptance of a qualified acceptance report is a qualified acceptance.

유사 판례

-수원지방법원안양지원 2015.11.20 2015가단11661

-춘천지방법원원주지원 2016.02.03 2015가단4596

-대법원 2015.04.23 2012다15268

-대구지방법원 2016.06.16 2015나310733

-인천지방법원 2015.10.16 2015가단31956