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(영문) 서울북부지방법원 2017.09.07 2016가합26413

대여금

Text

1. The Defendant: (a) KRW 50,00,000 and the Plaintiff’s annual rate from April 12, 2017 to September 7, 2017; and (b) September 8, 2017.

Reasons

1. Basic facts

A. While the Plaintiff was a child of C, D, and E, F, and G Slu, F died on December 4, 200, G on July 4, 2001, and D on August 20, 1994, and C died on August 28, 2015 without marriage, E renounced the inheritance of the deceased on September 21, 2015 (hereinafter “the deceased”).

B. On April 22, 2005, the deceased transferred 20,000,000,000 on April 17, 2005 to H on April 17, 2008 137,000,000,00 won to the Defendant on April 40, 200,000, 30,000 won from May 8, 2009, 20, 30,000 won from 0,000,000 won to the Defendant on May 12, 200, 200, 30,000 won from 0,000,00 won on May 12, 200, 200, 100,000 won from 0,000 won on May 15, 200, 2000, 301, 2003

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 7 (including each number in the case with a serial number) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff and the Deceased lent a total of KRW 457,00,000 to the Defendant from April 2005 to May 2013 (i.e., the account transfer amount of KRW 427,000,000 to KRW 30,000).

Since the Plaintiff is a sole inheritor of the deceased, the Defendant is obligated to pay the Plaintiff a total of KRW 457,00,000,000 and damages for delay for the loans extended to the Defendant by the deceased.

B. The defendant received KRW 457,00,000 from the deceased, but it is not a loan from the deceased, but a donation.

In other words, the deceased died at around 200 as the space between K and the defendant's friendship.