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(영문) 대전지방법원 2016.12.08 2015가단224039

대여금

Text

1. The Plaintiff, and the Appointed C, and the Defendant (Appointed) and the Appointed D, respectively, shall be KRW 51,428,571 and each of them.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 140 million to the network E (hereinafter “the deceased”). On August 20, 2012, the Deceased agreed to pay to the Plaintiff a total of KRW 180 million including the interest of KRW 40 million up to January 30, 2013, including the interest of KRW 40,000,000,000 to the said borrowed principal, the Plaintiff prepared a loan certificate and a written confirmation (hereinafter “the instant loan certificate”) with the following content.

The borrowed amount of KRW 180,00,000 (180,000) regularly borrowed the above amount from A, and the due date for repayment shall be payable by January 30, 2014.

Details of borrowing;

1. Cash error (50,000,000); and

2. Any balance of the purchase price of subparagraph 401 (acquisition) of the F building in the presidential exhibition, and any old million won (90,000,000).

3. Principal (12) = Total amount: Interest by January 30, 2013 at the rate of KRW 140,000 (140,000,000) and interest by January 30, 2013 at the rate of KRW 40,000 (40,000): The registration name under subparagraph 401 of the F building shall be transferred to a person designated by the purchaser E in the current name of G.

(Provided, That this building shall be liable to and paid by the buyer for taxes and public charges incurred after August 20, 2012. (b)

The Deceased’s wife D and the Defendant (hereinafter only referred to as the “Defendant”) (the appointed party; hereinafter referred to as the “Defendant”), who was the wife’s wife C, died on March 31, 2013.

The appointed parties D and the defendant filed a report on the limited recognition of inheritance with the Daejeon Family Court 2015 D and the defendant filed a report on the limited recognition of inheritance with the Daejeon Family Court on February 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 and Eul evidence No. 1, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, since the selected person C’s inheritance shares following the death of the deceased are 3/7, and the designated person D and the defendant’s inheritance shares are 2/7, respectively, and barring any special circumstances, the designated person C = 180,00,000 won according to the above inheritance shares x 180,000 won, barring special circumstances to the Plaintiff, the creditor of the deceased.