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1. The part concerning the creditor subrogation claim among the lawsuit in this case shall be dismissed.
2. All remaining claims of the Plaintiff are dismissed.
3...
Reasons
Basic Facts
C (hereinafter referred to as “the deceased”) died on October 28, 2015, and on September 17, 2015, a testamentary document (No. 632, 2015, a notary public drafted a testamentary gift document stating that “the deceased shall testamentary gift to anyone who is the defendant,” under the witness D and E seated with the witness D and E. (No. 632, 2015).
(2) On June 25, 2015, the Plaintiff offered to the Deceased a total of KRW 24,000,000,000, including interest KRW 10,000,000,000, and KRW 24,000,000,000 on August 22, 2015. The Deceased agreed to pay to the Plaintiff KRW 25,00,000,00,00, including interest rate of KRW 10,000,00,000.
The Defendant, under the instant testamentary gift contract, succeeded to the rights and duties of the Deceased pursuant to Article 1078 of the Civil Act. As such, the Defendant is obligated to pay the Plaintiff the principal and interest of the Deceased’s lending KRW 25,000,000 and delay damages therefrom.
Furthermore, the deceased opened his own Jeju bank passbook (the account number F, hereinafter referred to as the “instant passbook”) for the purpose of repaying the loan to the plaintiff. The plaintiff had a specific claim against the deceased as to the above passbook, and the plaintiff voluntarily withdrawn from the defendant's disposal of the above passbook in the sick room where the deceased stayed. The defendant is liable to pay the amount of KRW 25,00,000,000, and delay damages for this.
In electively, the Deceased was insolvent due to the instant testamentary gift contract. The Deceased’s cancellation of the testamentary gift contract between the Defendant and the Deceased, and according to restitution, the Defendant is obligated to pay the Plaintiff KRW 25,00,000 and delay damages.
The defendant is not a universal donee of the deceased's judgment on the claim under the premise that the defendant is a universal beneficiary.