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(영문) 부산지방법원 2015.01.22 2014가합5152

대여금

Text

1. The Plaintiff, Defendant B, and Defendant C and D, each of the above amounts of KRW 85,714,285, and each of the above amounts from May 2, 2014.

Reasons

1. The Plaintiff loaned KRW 100 million to E on February 21, 2005; the Plaintiff lent KRW 20 million to Defendant B on October 13, 201; the Plaintiff paid KRW 10 million out of them; the fact that Defendant C and D, the wife, died on September 17, 201, and the heir, were in dispute between the parties; the Plaintiff paid KRW 500 million to E on November 11, 2008; and the Plaintiff received KRW 500 million from the Plaintiff’s representative director of the F Co., Ltd. (hereinafter “Nonindicted Co., Ltd”); and the fact that Nonparty C and D, the wife, died on September 17, 2011, were in dispute; and comprehensively taking account of the overall purport of each statement and pleading of evidence Nos. 6 and 7 (including the serial number; hereinafter the same shall apply); and the fact that the Plaintiff received KRW 500 million from Nonparty 350,500,000.

In addition to the evidence mentioned above, the fact-finding and the fact-finding conducted by the Busan District Tax Office and the whole purport of the arguments, it is reasonable to deem that E requested the Plaintiff to borrow KRW 500 million for the establishment of the corporation, and that the Plaintiff lent the above KRW 500 million to E. Thus, the Plaintiff is deemed to have a loan claim of KRW 300 million (= KRW 500 million loan of KRW 100 million - KRW 300 million) against E. However, Defendant B, who is the inheritor due to the death of E, succeeds to the loan obligation of KRW 128,571,428 (=30 million x KRW 300 million inheritance x KRW 377,000), Defendant C and D, each of which is 85,714,285 won (=30 million x KRW 2/7).

Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 138,571,428 (a loan obligation of KRW 128,571,428 to the Plaintiff by inheritance), Defendant C and D are liable to pay damages for delay for each of the above amounts.

2. Judgment on the defendants' assertion

A. (1) On November 11, 2008, the Plaintiff’s assertion that it is funds for the establishment of the non-party company.