대여금
1. The part of the judgment of the court of first instance against the defendant (appointed party) and the appointed party shall be revoked, and the above revoked part shall be revoked.
1. The Plaintiff’s assertion as to the cause of the claim was issued a loan certificate stating that “The Plaintiff lent cash to G several times, and on January 19, 2004, the said loan was settled and paid the interest of KRW 30 million from G to KRW 600,000 per month.”
On February 13, 2004, the Plaintiff remitted 4.4 million won after deducting the above interest rate of 600,000 won to G, and additionally lent 5.5 million won to G, and thereafter, 2.5 million won was determined as interest rate of 2%.
Therefore, the Plaintiff had a total of KRW 36.9 million loan claim against G (including KRW 4.4 million loan as of February 13, 2004) as above.
However, on May 17, 2005, G left and died of the first instance court co-defendants B, C, D, E, Defendant (Appointed Party) and Appointeds I, who are the spouse as bereaved family members.
Therefore, the Defendant (Appointed Party), Ha, and I (hereinafter “Defendant, etc.”) is the inheritor of G, and the Plaintiff is obligated to repay the above loan obligations to the Plaintiff according to the inheritance shares.
2. Determination
A. First, there is evidence that the Plaintiff lent KRW 30 million to the Defendant on January 19, 2004, and KRW 2.5 million on February 13, 2004, as evidence, there is evidence Nos. 2 and 3 (a certificate of borrowing in the name of each net G), but each statement of Nos. 8 and 9 (including the serial number) is insufficient to acknowledge the establishment of the authenticity, and there is no other evidence to prove the establishment of the authenticity, and thus, each of the above loans cannot be used as evidence.
B. (1) On the other hand, the following facts are acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 4, 5, and 7 (including paper numbers).
(A) G was deposited at the Industrial Bank of Korea’s account (L; hereinafter “Plaintiff’s account”) under the Plaintiff’s name with the deposit of G as follows:
(2) On January 1, 201, 201, the date and time of the temporary amount of August 4, 2000; and < Amended by Presidential Decree No. 17091, Oct. 5, 2003; Presidential Decree No. 17090, Oct. 5, 2002; Presidential Decree No. 17091, Oct. 28, 201; Presidential Decree No. 17091, Oct. 3, 2004; Presidential Decree No. 17175, Oct. 28, 201; Presidential Decree No. 17183, Oct. 3, 2004; Presidential Decree No. 18170, Oct. 3, 2004>