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(영문) 전주지방법원 2016.09.09 2015가단27691

대여금

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 24, 1975, Nonparty G reported marriage with Nonparty G on February 24, 1975, and between G and Defendant B, and completed a divorce report on June 15, 2005 with G.

B. On August 11, 2006, the deceased F reported marriage with the Plaintiff and died on November 14, 2014.

C. On April 24, 1997, the network H completed the marriage report with Nonparty I, and between I and Defendant D and E, and completed the divorce report with I on June 23, 2004, and died on January 4, 201.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment on the cause of claim

A. The deceased F’s claim (1) opened a passbook in the name of the Plaintiff, received the Plaintiff’s insurance money, and embezzled the amount of KRW 64,00,000 by arbitrarily withdrawing from April 6, 201, and lending it to the Defendant B, and thereafter, agreed to receive reimbursement from the Defendant B and return it again to the Plaintiff on November 2012.

Therefore, Defendant B is the obligor of the above loan to the obligor of the obligor for damages or the obligor of the net F, and is obligated to pay the Plaintiff, who is the obligee of the claim for damages against the networkF and the heir of the above loan claim, and the Plaintiff, who is the obligee of the claim for damages against the networkF (=27,428,571 won (=64,00,000 won x 3/7 shares) as the obligor of the networkF (=64,00,000 x 64,000 x 2/7 shares)) and damages for delay.

In addition, Defendant B, as the obligor of the above loan, is obligated to pay 9,142,857 won (64,00,000 won x 1/7 shares) and damages incurred therefrom to Defendant D and E, each of whom is the heir of the netF’s credit (64,00,000 x 1/7 shares). As such, Defendant D and E, as the obligee of Defendant D and E, is the obligee of the claim for damages against the networkF or the obligee of the contractual obligation.