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(영문) 의정부지방법원 2018.06.07 2017가단9992

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the parents with the network C and network D as a pro rata, and the Plaintiff three South Korea and the Defendant four South Korea.

The Deceased had 5 South and North Korea, both, E, F, Women G, Women H, and 5 South and North I.

B. C died on September 21, 2009, and D on September 12, 2014, respectively.

On July 22, 2014, K and L were married with J and died on July 22, 2014.

[Judgment of the court below] Facts without dispute, entry of evidence No. 1, and purport of the whole pleadings

2. The allegations and judgment of the parties

A. 1) Upon receiving the Plaintiff’s request from the Defendant for a loan from the Defendant to April 2009, the Plaintiff borrowed 3,000,000 won which was less than 8 years from February 2, 2001 to April 2009, and on September 29, 2014, the Defendant settled the loan with the Defendant having the Defendant repaid 60,000,000 won. The Defendant has the obligation to repay the above 60,000 won to the Plaintiff. (2) The Defendant did not borrow money from the Plaintiff.

However, the Defendant agreed on the division of inherited property between the Plaintiff and E, which would distribute the net D’s inheritance collateral loans and the sales price to siblings of KRW 190,000,000,000 from the deceased’s inheritance collateral loans and sales price, and only prepared a demand for cooperation by the Plaintiff.

B. Determination 1) On September 29, 2014, the Defendant prepared and attached the following loan certificates to the Plaintiff, and the following facts may be acknowledged according to the statement in subparagraph 1. The Defendant, which is the four South-Nam of Jin and Jin, written and sealed a document to prove that the Defendant borrowed KRW 3,000,000 from the Plaintiff. The loan amount is to be repaid immediately after the sale of the real estate in the name of mother-friendly, and the legal interest shall be paid at 20% per annum from the time of non-performance. The above loan certificates (No. 1; hereinafter referred to as “the loan certificates”).

The petition is a disposal document which has no dispute over the establishment of the petition, and the disposal document is the authenticity of the document.