beta
(영문) 전주지방법원 2017.09.07 2016나7657

대여금

Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiffs corresponding to the above revocation part are the defendants.

Reasons

1. Basic facts

A. The net G died on March 24, 2015.

The plaintiffs are successors who inherit 1/3 of their respective inheritance shares as the deceased G self-styles.

B. 1) The network H died on November 14, 2014. The network H married on February 24, 1975 with I and on June 15, 2005, but divorced on August 15, 2005, and married with J on August 11, 2006. The network H had net K and Defendant D with a self-refilled with I. (2) The network K married on April 24, 1997 but divorced on June 23, 2004.

The network K kept Plaintiff E and F with a self-refination that resulted from L.

The net K died on January 4, 201.

3) As a result, the deceased H’s heir is the Plaintiff E and F, who is the spouse of the deceased, Defendant D, and the relative heir. The inheritance shares are 3/7 of J, Defendant D’s 2/7, Plaintiff E, and F, respectively. [Grounds for Recognition] The fact that there is no dispute, Party A’s No. 2 (including family numbers), and the purport of the entire pleadings.

2. Determination on the cause of the claim

A. The gist of the Plaintiffs’ assertion was determined and lent to the network H on December 27, 2012, KRW 15 million as of March 2, 2013, and on May 15, 2013, the period of reimbursement was determined and lent as of August 27, 2013.

Therefore, the Defendants are obligated to pay to the Plaintiffs the amount [2,857,142 won (=6,666 x 3/7), Defendant D1,904,761 won (=66 6,666 x 2/7) x 952,381 won (=6,666 x 666 x 2/7), and delay damages] calculated according to the respective inheritance share ratio of the Defendants with respect to the above loans of KRW 20,666,666 (=6,666 x 666 x 952,381 won) calculated according to the respective inheritance share ratio of the Defendants.

B. The evidence of the argument that the G of the issue at issue set forth KRW 15 million on December 27, 2012 to the GH as of March 2, 2013 was presented as evidence of the argument that the G of the issue at issue set forth and lent KRW 15 million to the GH as of March 2, 2013, and that the G of the network set KRW 1-2,5 million on May 15, 2013 to the GH as of May 27, 2013 was presented as evidence.

The defendants are bound to affix their seals affixed to the above Gap evidence Nos. 1 and 2.