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(영문) 의정부지방법원 2020.12.11 2019가합156

대여금

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 180,000,000 and a rate of 12% per annum from March 19, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on June 28, 2016, and the inheritor was the Defendant B and the mother, who is the wife.

B. On March 2, 2012, the Plaintiff paid the Deceased KRW 76,00,00 on March 13, 2012, KRW 76,00,000 on March 13, 2012, and KRW 19,00,000 on April 27, 2012, KRW 10,000 on April 29, 2012, and KRW 32,000,000 on May 7, 2012, KRW 37,60,000 on August 1, 2014, KRW 46,20,00 on November 94, 2014, KRW 00 on a total of KRW 30,00 on May 7, 2012, and KRW 37,60,00 on August 1, 20,000 on KRW 30,010.

C. On July 26, 2012, G Co., Ltd. (hereinafter “G”) issued to the Plaintiff a promissory note of KRW 100,000,000 at face value, and around that time, the Deceased was in the status of representative director of the said company.

On October 14, 2013, H Co., Ltd. (hereinafter “H”) issued to the Plaintiff a promissory note of KRW 100,000,000 at par value, and around that time, the promissory note of KRW 100,000 at par value per share was issued to the Plaintiff. At that time, Defendant B was in the representative director of the said company.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 14 (including each number in the case of additional number), the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff lent the above 341,150,000 won to the deceased, the defendants, the inheritor of the deceased, have the duty to pay 300,000,000 won out of the above loans to the plaintiff according to their respective inheritance shares.

As to this, Defendant B acknowledged the fact that the deceased borrowed the above money from the Plaintiff, but Defendant C asserted that the borrower of the said money cannot respond to the Plaintiff’s claim because he is not G or H, not the deceased.

3. The following circumstances acknowledged by the evidence and the purport of the entire pleadings, namely, ① the Plaintiff lent KRW 341,150,000 to the Deceased by means of transferring money from his own account to his account, and as a collateral for this, the Deceased issued a promissory note or a check in the name of H and sent to the Plaintiff.