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(영문) 인천지방법원부천지원 2016.02.04 2015가단109821

대여금

Text

1. The Plaintiff, Defendant B, and Defendant C and D, respectively, KRW 8,571,428, and each of them from October 1, 2015.

Reasons

1. Basic facts

A. On December 17, 2012, the network E issued to the Plaintiff a certificate of loan (hereinafter “the instant certificate of loan”) indicating one year from the due date for payment, 30,000,000 won for loans (hereinafter “the instant certificate”), and received KRW 20,000,000 from the Plaintiff on December 27, 2012, and KRW 10,000,000 from the Plaintiff on January 15, 2013, respectively.

(hereinafter “instant loan”). (b)

The deceased E died on October 4, 2013, and there are Defendant B, Defendant C and D, a spouse, as the bereaved family members of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff, while Defendant C and D are obliged to pay damages for delay by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 1, 2015 to the day of full payment, which is the day following the day of service of the copy of the complaint of this case sought by the Plaintiff.

B. The Defendants’ assertion and determination are that the instant loans are investments, and there was an agreement between the Plaintiff and the Plaintiff that the Plaintiff would bring the deceased’s goods and not claim the instant loans, but there is no evidence to acknowledge this.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.