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(영문) 광주지방법원 2018.01.31 2017나53001

대여금

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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Determination as to the cause of claim

A. The plaintiff asserts that, since the plaintiff lent KRW 88.4 million to the deceased G (hereinafter "the deceased") from November 30, 2006, the defendants, the heir of the deceased, are obligated to pay the plaintiff the amount stated in the purport of the claim according to the inheritance shares.

As to this, the Defendants: (a) around January 6, 2004, the Deceased transferred money of KRW 66 million to the Plaintiff; (b) thus, the Deceased borrowed some of the money from the Plaintiff.

The above 88,400,000 won can not be recognized as loans.

B. Determination 1) According to the evidence No. 1 and No. 1, the deceased transferred 66 million won to the plaintiff on January 6, 2004 on seven occasions. The plaintiff transferred 66 million won to the deceased, 50 million won on June 29, 2006, 35 million won on August 21, 2006, and 40 million won on September 22, 2006, and 884 million won on November 30, 206, to the plaintiff on loan No. 400,000 won on loan No. 884 million won on loan to the plaintiff. Furthermore, it is recognized that the plaintiff transferred 60 million won on loan No. 1 and No. 1, No. 1, and No. 1, and No. 1, E. 8,000 won on loan No. 4 to the plaintiff on loan No. 8600, the remaining part of the witness's testimony of each of the plaintiff on the ground that the plaintiff's testimony was insufficient.