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(영문) 서울중앙지방법원 2017.06.16 2016나66560
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The gist of the cause of the claim is that: (a) the Plaintiff loaned KRW 5,00,00 to D on July 29, 2014 at an interest rate of KRW 31.9% per annum; (b) 34.9% per annum; (c) the repayment period of 36 months; and (d) the repayment method of principal and interest in equal installments; (b) D delayed repayment of principal and interest; (c) as of September 19, 2015, D terminated the relevant loan agreement; (d) as of September 19, 2015, the remainder of the principal amount of KRW 4,157,714; (d) interest and delay damages; and (e) the remainder of KRW 4,

However, as D died on April 25, 2015 and jointly inherited the property of Defendant A and his children, Defendant B and C, who are the wife, the Defendants are obligated to pay the amount stated in the purport of the claim to the Plaintiff according to their statutory shares in inheritance.

2. According to the purport of the entire pleadings, the Defendants filed an application for renunciation of inheritance with the Changwon District Court 2015Mo546, May 27, 2015, and received a judgment from the said court on June 11, 2015.

According to the above facts, since the defendants legally renounced inheritance against D, the defendants' claims against the defendants on the premise that the defendants succeeded to D's obligations cannot be accepted.

3. Thus, the plaintiff's claim against the defendants shall be dismissed since all of the claims against the defendants are without merit.

The judgment of the court of first instance is unfair on the contrary to this conclusion, and thus, the appeal by the Defendants is accepted, and the judgment of the court of first instance is revoked, and all of the claims against the Defendants are dismissed. It is so

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