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(영문) 대전지방법원 2015.01.16 2014나11640

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant, which orders payment below, is revoked, and above.

Reasons

1. Basic facts

A. E sought KRW 8 million from its own Agricultural Cooperative Account on April 26, 2010, and KRW 4 million on February 7, 2012, respectively.

B. E maintained the loan certificate stating that the Defendant borrowed KRW 31 million from E as of Apr. 27, 2010 at the end of December 2011 (Evidence A 2) and KRW 4 million on Feb. 7, 2012 (the above loan certificate plus KRW 30 million).

Of the loan certificates of this case, the name of the borrower shall be written in writing in the name of the defendant, and the name of the borrower shall be written in hand, and the next page shall be written in writing as "F."

C. E died on May 27, 2013, and his heir has the spouse A (3/7 of the inheritance), the Plaintiff B (2/7 of the inheritance), and C (name G before the opening of name, and the inheritance share 2/7).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2 through 6 (including each number, if any,; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiffs asserted that E lent a total of KRW 35 million to the defendant as stated in each of the instant loan certificates, and that the plaintiffs inherited the above loan claims, the defendant asserts that the defendant is obligated to pay interest or delay damages on each of the above amounts to the plaintiff A, the plaintiff B, and C in accordance with the statutory share of inheritance.

Accordingly, the defendant asserts that there is no fact that each of the loans in this case is written.

B. Where the parties to the determination prepare in writing a disposal document, the expression used in writing shall not be cited, but it shall reasonably interpret the objective meaning that the parties have given to the act of indicating in writing, regardless of the parties’ internal intent, and if the objective meaning of the text is clear, it shall be in accordance with the language, unless there are special circumstances.