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(영문) 수원지방법원 2019.10.17 2019가단505117

대여금

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The network E married with the network F, and caused Plaintiff A, the network G, and the mixed h as his child, and F died in around 201.

On March 18, 2002, the network G married with I and died on July 8, 2015.

E paid KRW 121,500,000,000 to the Defendant on March 22, 2012, KRW 10 million on July 4, 2012, KRW 26,000 on March 26, 2013, KRW 4 million on January 17, 2014, KRW 500,00 on June 1, 2015, and KRW 121,50,000 on November 16, 2015, respectively.

E died on December 16, 2016.

[Grounds for recognition] The plaintiff asserts that the plaintiff is obligated to pay KRW 20,250,00 to the plaintiff Eul who inherited at the ratio of 1/3,00 as the plaintiff Eul, who inherited at the ratio of 1/6,00 as the plaintiff Eul's total of KRW 121,50,50,000, and the plaintiff Eul who inherited at the ratio of 1/3,000, respectively, is obligated to pay KRW 20,250,00 to the plaintiff Eul and the plaintiff who inherited at the ratio of 1/6.

As to this, the Defendant asserts that, before November 16, 2015, KRW 21.5 million received from E was received as living expenses, etc., and KRW 100 million received on November 16, 2015 was a donation before E’s death.

Judgment

The main grounds of the plaintiffs' assertion are that the amount of KRW 280 million that E paid to J is recognized as a loan in a lawsuit between the plaintiffs and J.

In full view of the facts alleged in this court, Gap evidence 2, Eul evidence 4-1, Eul evidence 6, and Eul evidence 9, Eul left a fluorous writing, such as the statement of evidence Nos. 6, around January 17, 2016, and Eul suffered economic difficulties in claiming support allowances against the plaintiff A and his/her spouse, the Seoul Family Court on July 6, 2016, and the plaintiffs filed a lawsuit against the defendant's Dong-in under Seoul Northern Northern District Court 2017Gahap22883, and in the relevant case, Eul.