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(영문) 서울중앙지방법원 2015.09.15 2014가단238186

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. The parties' assertion

A. On March 5, 2008, the Plaintiff asserted that: (a) on March 9, 2008, the net D (hereinafter “the deceased”) borrowed KRW 100 million to the deceased for personal purposes; (b) on March 5, 2008, the Plaintiff leased KRW 100 million to the deceased at the interest rate of KRW 1% per month; and (c) on December 31, 2008, the time limit for repayment; and (d) on June 9, 2013, the deceased died on June 9, 2013, and the Defendant B and his children, who are co-inheritors, inherited the above loan obligation, the Defendants are obligated to pay the amount claimed to the Plaintiff according to the inheritance share.

B. The Defendants asserted that they were not aware of the fact of lending to the deceased, and even if there was a fact of lending, the Plaintiff agreed on May 31, 2012 to arrange the shares of the company that they operated with the deceased and to exempt the said obligation.

2. Determination on the cause of the claim

A. According to Gap's records, although the plaintiff transferred KRW 100 million to the deceased's account on March 5, 2008, the plaintiff is deemed to have not been in dispute between the parties, or recognized by the whole purport of the arguments, and the following circumstances, namely, the plaintiff and the deceased's family members are simple women. The plaintiff and the deceased's family members transferred shares transaction and operating funds through mutual accounts as the representative director or officers of the company, such as E and F, and as the shareholders, and the 100 million won transferred as capital increase due to the increase in capital of F, the above transferred funds are highly likely to have been used as the capital increase due to the above transfer of the above KRW 100 million, and there is insufficient evidence to acknowledge the loan to the plaintiff's deceased, and there is no other evidence to acknowledge otherwise.

(1) The plaintiff's assertion is without merit. The plaintiff's assertion is without merit. The plaintiff's assertion is without merit. The plaintiff's assertion is without merit. The plaintiff's assertion is without merit.

B. The Plaintiff’s death, even if any.