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(영문) 서울남부지방법원 2017.04.27 2016나5400

대여금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant succeeds to the plaintiff from the deceased C (D).

Reasons

1. Basic facts

A. On December 3, 2012, the Plaintiff transferred KRW 20,000,00 to E’s account practically operated by C.

B. C died on September 28, 2015, and his heir was the Defendant, F, G, and H, who is the spouse.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4, 5, and Eul evidence No. 1

2. The assertion and judgment

A. On December 3, 2012, the Plaintiff asserted that the Defendant lent KRW 20,000,000 to the Defendant as interest rate of KRW 1%, and sought the return of the said loan.

The defendant asserts that the above 20,000,000 won is the defendant's husband who is not the defendant.

(2) First of all, the above 20,000,000 won was insufficient to recognize the Defendant’s health care room and the Plaintiff’s evidence No. 4 alone, and there is no other evidence to acknowledge it.

(3) If a person who borrowed KRW 20,000,000 on December 3, 2012 is deemed to have borrowed KRW 20,000 on December 3, 2012 through a preparatory document as of February 15, 2017, which was stated at the third date of pleading in this Court, the Plaintiff’s assertion on this part is without merit.

B. The plaintiff asserts that (1) since C, which borrowed the above KRW 20,000,000, died, the defendant, who is the inheritor, is obligated to return KRW 20,000 to the plaintiff.

In this regard, the defendant asserts that it should be limited to the scope of the net C's inherited property because he was judged to accept qualified acceptance regarding the inheritance of the net C's property.

(2) (A) If Gap evidence Nos. 1, 3, 4, 5, and Eul evidence Nos. 2 show the overall purport of the pleadings, the plaintiff was found to have lent KRW 20,000,00 to C through the account of the Co., Ltd. on December 3, 2012 upon the request of C, which was known to the general public, and upon receipt of the request of C, which was known to the general public, and thus, C is obligated to pay to the plaintiff the borrowed amount of KRW 20,00,000,000, and damages for delay.

For this reason,