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(영문) 인천지방법원부천지원 2019.08.28 2017가합102715

기타(금전)

Text

1. As to KRW 1,471,443,97 among the Plaintiff and KRW 1,149,425,767 among the Plaintiff, the Defendant shall start from August 30, 2017, and KRW 317,467.

Reasons

1. Basic facts

A. The defendant is the plaintiff's big child.

B. The Plaintiff’s father C cultivated ginseng dry field before birth, and died due to traffic accidents around April 2008, and the Plaintiff’s mother D and Dong Jae-si died due to the crime around June 2008.

C. On August 5, 2008, the Plaintiff received KRW 300,000,00 as insurance money, succeeded to each of the lands listed in the table of the Ginseng Field No. 1 (hereinafter “each of the instant lands”) cultivated by C, and was paid by F institutions totaling KRW 851,836,328 as follows with the purchase price of ginseng cultivated from each of the instant lands:

On October 8, 2008, 396, 254, 397, 160,000 on December 19, 2008, 7, 2009, 9,805,540,000 on March 5, 2009, 102,74,359, 102,74,359, 100,000 on October 8, 200 to the Defendant on December 15, 200, 60, 100,00 won transferred to the Defendant on October 8, 2009, 10, 100, 100, 144, 60, 600 won transferred to the Plaintiff on January 25, 200, 200, 308, 106, 306, 136, 2014

D. Meanwhile, from July 30, 2008 to February 10, 2014, the Plaintiff transferred the sum of KRW 1,804,743,997 (hereinafter “the instant remittance amount”) to the Defendant over 20 occasions, as shown in the attached Table 2, as shown in the attached Table 2, and succeeded to each of the instant lands 2 to 8 on February 23, 2010.

E. The Defendant received KRW 482,742,30,303 from the F agency around 2010 and around 201 as the purchase price of ginseng cultivated from each land listed in the sequence 2 through 8 among each land of this case.

F. From February 19, 201 to February 11, 2016, the Defendant remitted KRW 226,300,000 to the Plaintiff over 63 occasions, as indicated in attached Table 3’s “paid money” list of appropriation of performance.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements in Gap's 1 through 4, 6 through 17, 26, 32, 37 through 41, and the results of the financial transaction information reply to the president of G in this court on August 10, 2018, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's summary of the plaintiff's assertion was transferred to the defendant.