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(영문) 대전지방법원 2018.03.16 2017가단202309

대여금 등 청구의 소

Text

1. The Defendant: (a) from February 15, 2017, to Plaintiff A with respect to KRW 13,33,33, and KRW 8,88,88, and each of the above amounts.

Reasons

1. Basic facts

A. The defendant is the relatives of the network D. The defendant is the relatives of the network D.

B. On July 18, 2016, the deceased D (hereinafter “the Deceased”) died and jointly succeeded to his/her property by Plaintiffs A, E, F, and Plaintiff B.

C. On July 3, 2015, the Deceased lent KRW 40 million to the Defendant by account transfer, including KRW 20 million and KRW 20 million on January 11, 2016.

[Ground of recognition] Evidence Nos. 1, 2, 3-2, and 3-3, part of Evidence No. 4, and the purport of the whole pleadings

2. The plaintiffs' claims

A. According to the above facts of recognition, the defendant is obligated to pay damages for delay at the rate of 5% per annum from February 15, 2017 to the date following the delivery date of a copy of the complaint of this case to the plaintiff who is the heir of the deceased, and from February 15, 2017 to the date of complete payment, 13,33 (40 million won X 3/9, and less than KRW 40 million; hereinafter the same shall apply) equivalent to the shares of inheritance of the plaintiff A among the above loans of KRW 40 million, except in extenuating circumstances.

B. In addition, the plaintiffs asserted that the deceased transferred the account of KRW 20 million to the defendant on March 23, 2009, and there is no reason for the deceased to pay the high amount of KRW 20 million to the defendant. Thus, the defendant asserts that the defendant should return KRW 20 million to the deceased with unjust enrichment on the ground that there was a causal relationship between the deceased's withdrawal of money and the defendant's deposit.

However, this part of the plaintiffs' claims are groundless, since there is no evidence to prove that the deceased's account transfer to the defendant of KRW 20 million cannot be viewed as a transfer without any legal ground, and there is no other legal ground.

3. Judgment on the defendant's assertion

A. The Defendant, on September 10, 2015, had employees G deposit cash into the deceased’s account on July 3, 2015.