logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.13 2015가단83765
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. Basic facts

A. The Plaintiff entered into a loan agreement with C on December 20, 1994, as well as KRW 30,000,000, and as of December 30, 1997, respectively (hereinafter “instant agreement”).

B. C died on March 23, 2015, and at the time of death, there was the Defendants as the inheritor.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. On the premise that the Defendants succeeded to the obligations under the instant contract as the deceased C’s heir, the Plaintiff sought payment from the Defendants for each inheritance share out of the unpaid obligations under the instant contract.

However, comprehensively taking account of the overall purport of the arguments in Eul evidence No. 1, the Defendants, on June 22, 2015, filed a declaration of renunciation of inheritance with the Seoul Family Court Decision 2015 Madan5745, and accepted the said declaration on September 14, 2015.

Therefore, the Plaintiff’s above assertion that the Defendants succeeded to the net C’s obligations is not acceptable.

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

arrow