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(영문) 대구지방법원김천지원 2015.07.22 2014가단12672

대여금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A and the deceased D (hereinafter "the deceased") married on March 13, 1981, and the plaintiff B are two children.

B. The Defendant, as a woman of the Deceased, lived with the Plaintiffs and the Deceased from around 1992 to 2005.

C. On November 18, 2005, the Deceased was paid KRW 78,974,306 upon cancelling the term deposit with the maturity of the National Bank (hereinafter “instant deposit”).

On November 2005, the Deceased was diagnosed with Transboundary Cancer, and died on December 18, 2005.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiffs asserted that the deceased lent KRW 78,974,306 upon cancelling the instant deposit on November 18, 2005 to the defendant, who is the inheritor of the deceased, the defendant is liable to pay the plaintiff E the above loans amounting to KRW 47,384,584 (=78,974,306 won x 3/5 of inheritance x 3/5 of inheritance), 31,589,722 won (=78,974,306 won x 2/5 of inheritance x 78,974,306) and damages for delay.

The facts alleged by the plaintiffs are insufficient to recognize that the deceased lent KRW 78,974,306 to the defendant around November 18, 2005, and there is no other evidence to prove otherwise.

Therefore, the plaintiffs' arguments are not accepted.

3. In conclusion, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.