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(영문) 서울중앙지방법원 2017.05.24 2016가단82226
대여금
Text

1. Defendant C within the scope of the property inherited from the network E, and Defendant C’s KRW 100 million and its related thereto on August 2016.

Reasons

1. The Plaintiff’s primary claim against the Defendants: (a) died on or around June 16, 2016 when the deceased E (hereinafter “the deceased”) borrowed at least KRW 100 million from the Plaintiff, and did not repay it; (b) the Defendants, the inheritor of the deceased, agreed to the Plaintiff after the deceased’s death, that “the deceased would receive the insurance money from the deceased and pay the money borrowed from the Plaintiff,” and thus, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 100 million agreed to the Plaintiff and the damages for delay. However, there is no evidence to acknowledge that the Defendants agreed to pay the above agreement to the Plaintiff. Therefore, the Plaintiff’s primary claim is without merit.

2. Comprehensively taking into account the Plaintiff’s conjunctive claim Nos. 1, 3, and 4 evidence, the Plaintiff’s written and delivered to the Plaintiff a loan certificate stating that “The Deceased borrowed KRW 100 million up to September 15, 2016.” The Deceased died on June 16, 2016, and Defendant D, the spouse of the deceased, gave up inheritance to the Deceased (Seoul Family Court Decision 2016Ra4089), and Defendant C applied for the approval of the inheritance of the Deceased on March 9, 2017 with the Busan Family Court Decision 2016Ra4235, and the report is accepted. Accordingly, Defendant C, as a sole heir of the Deceased, is liable to pay the Plaintiff KRW 100,000,000,000,000,000 to the Plaintiff within the scope of the property inherited from the deceased, and the Plaintiff’s duty to pay the Plaintiff KRW 100,000,000,00,000.

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