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(영문) 서울북부지방법원 2014.12.03 2013가단41186

대여금

Text

1. The Defendants are jointly and severally liable to Plaintiff (Appointed) E for KRW 10 million, Plaintiff (Appointed Party) B, and Plaintiff (Appointed Party) F.

Reasons

1. On May 4, 2010, the judgment network A on the grounds of the plaintiffs' claim made a transfer of KRW 30 million to the her husband H's account under the pretext of stock investment deposit, etc., and entered into an agreement with the defendants to return the above KRW 30 million (the "I" under the evidence A is the honor of defendant D). The deceased on December 12, 2013 when the lawsuit of this case was pending, and the deceased succeeded to the deceased on December 12, 2013. The inheritance ratio is 1.5:11: the facts of the deceased's wife E and their other plaintiffs, who are their children, do not dispute between the parties, or are able to recognize the purport of each of the statements in the evidence Nos. 1, 4, 13, 9, and 13 as well as the purport of each of the above agreement No. 3000,000,000 for the above parties' last share in the inheritance agreement.

2. Determination as to Defendant D’s assertion

A. As to this, Defendant D asserts that the above KRW 30 million was invested in the company in mutual default and the Defendants guaranteed the return of the investment amount, and that it was fully repaid from the investment company as a dividend.

In full view of the statements in the evidence evidence Nos. 3, 12, and 14 as mentioned above, the net A, in addition to the above 30 million won from June 8, 2010 to October 4, 2010, additionally remitted 54,870,000 won to H’s account, as well as the above 30 million won from June 8, 2010 to Oct. 4, 2010, and only he received from an indivant investment company only an amount much less than the above 54,870,00 won as dividends, etc. (the money relation between the net A and Defendant D was deemed as deposited from Jan. 4, 2010, and it appears that the money relation between the above nominal dividend was commenced before it begins). The net A and Defendant D claimed the return of the above 5,487,00 won against Defendant D and H separately from this case (this Court Order No. 20678, Mar. 30, 2000