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(영문) 제주지방법원 2018.01.12 2017가단4309

대여금

Text

1. The Defendant: (a) against Plaintiff A, KRW 6,66,66; (b) KRW 4,44,444; and (c) against each of the said KRW 4,444; and (b) on May 23, 2017.

Reasons

Basic Facts

A. F lent KRW 1,00,000 to the Defendant on September 22, 2006, KRW 11,000,000 on around February 28, 2006, KRW 6,000,000 on February 28, 2007, KRW 1,000,000 on April 5, 2007, and KRW 10,000,000 on May 207, 2007, and KRW 5,000,00 on June 27, 2007, and lent KRW 10,000 on December 207.

B. From April 30, 2013 to June 9, 2016, the Defendant paid F a total of KRW 6,970,000,000, and received receipts from F when paying KRW 1,000,000 in cash on November 12, 2012.

C. F (hereinafter “the deceased”) died on March 28, 2017, and Plaintiff B, C, and D, the wife, inherited.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 3, and the purport of the argument as a whole, the defendant is obligated to pay the plaintiff Gap 12,010,000 won (36,030,000 won x 3/9 equity interest x 3/666 (36,06) (=36,000 won), and damages for delay as to each of the above amounts, out of the total amount of loans lent to the deceased 44,00,000 won (7,970,000 won) and the total amount of loans lent to the deceased 36,030,000 won (36,030,000 won x 36,030,000 won x 2/9,000 won; hereinafter the same shall apply) and each of the above amounts.

The defendant's assertion is alleged to the effect that the defendant repaid the deceased in cash, etc. on several occasions, so it is not sufficient to accept the defendant's assertion only with the descriptions of the lives, Nos. 1 and 2, and there is no other evidence to acknowledge it. The defendant's assertion is without merit.

The defendant asserts that the loan extended to the deceased on September 22, 2006, the date of 2006, the date of February 28, 2007, the date of April 5, 2007, and the date of October 20, 2006, the ten-year statute of limitations has expired.

Loans extended from September 22, 2006, 2006, February 28, 2007, and April 5, 2007 are the same as mentioned above, and the extinctive prescription runs from that time.