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Reasons
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(영문) 광주지방법원 2017.04.25 2015가단54702
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s status and the Plaintiff’s agreement on division of inherited property are children of the deceased C (Death on February 16, 2013, hereinafter “the deceased”).

On March 13, 2017, the Plaintiff and the deceased’s wife and other children, D, E, and F agreed on the division of inherited property on March 13, 2017, with a view to the Plaintiff’s sole inheritance of all the loans owed by the deceased.

B. The loan certificate and the letter drawn up on March 17, 2003, prepared by the deceased and the defendant, etc. on March 17, 2003

1. Japanese loan: In borrowing 10 million won to C, the loan recipient shall be arranged monthly from March 17, 2003 to March 16, 2004 for 1 year from March 17, 2003 to March 16, 2004.

2. Japanese gold on March 16, 2004: it shall be the payment key to C of 10 million won on land;

3. Daily gold: The payment key shall be the daily amount of million won.

On March 17, 2003, the Defendant prepared and sent to the Deceased a loan certificate and an angle of the following contents (hereinafter “the loan certificate as of March 17, 2003”).

2) On May 23, 2003, the Defendant drafted a loan certificate with the following content on May 23, 2003 (hereinafter “the loan certificate from May 23, 2003”) to the Deceased:

The loan certificate was drawn up and issued. The payment period for the loan 40,000,000 won shall be one year from the date of the loan. 3) The loan certificate drawn up on August 2, 2007: the loan certificate drawn up on August 2, 2007: the loan certificate drawn up 25,000,000 won and the above amount is fixed to the deceased on August 2, 2007, and the defendant borrowed the above amount to the deceased on August 2, 2007, hereinafter referred to as "the loan certificate of August 2, 2007, 200:

(B) prepare and order the statement. [Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 4 (if any, numbered) and the purport of the whole pleadings.

2. The Plaintiff’s assertion that: (a) from March 17, 2003 to September 29, 2009, the Defendant lent each of the money indicated as “the amount loaned by the deceased to the Defendant” as indicated below; and (b) below.

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