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1. The part of the judgment of the court of first instance against the Defendants shall be revoked.
2. All of the Plaintiff’s claims against the Defendants.
Reasons
1. The assertion and judgment
A. On September 13, 2006, the Plaintiff asserted that the Plaintiff lent KRW 10,000,000 to the Defendants and E, the inheritee, as well as D, for the interest rate of KRW 2% per month and on December 31, 2006.
After that, the Defendants, the heir of the network E, and 1/3 of the above loan obligations of the network E, were succeeded to, respectively, due to the death of E without repayment of the above loan obligations.
Therefore, the Defendants are liable to pay to the Plaintiff KRW 3,33,33 (=10,00,000 x 1/3) and damages for delay.
B. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 of the judgment No. 1, the Defendants and D reported the waiver of inheritance of the deceased’s property to the Changwon District Court on September 11, 2008, before three months have passed since the date of the death of the above E, and the above court may recognize the fact that it accepted the report of renunciation of inheritance under the Changwon District Court Decision 2008Ra1419 on September 17, 2008.
Therefore, as long as the Defendants legitimately waived the inheritance of the network E, the Plaintiff’s assertion that the Defendants succeeded to the above loan obligations against the Plaintiff of the network E cannot be accepted.
2. If so, the plaintiff's claim against the defendants in this case against the defendants is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the part against the defendants in the judgment of the court of first instance is revoked and the plaintiff's claim against the defendants is dismissed. It is so decided as per Disposition.