(영문) 울산지방법원 2015.10.22 2015나2706 | 리걸엔진

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Reasons

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(영문) 울산지방법원 2015.10.22 2015나2706

대여금

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff is the deceased E on May 7, 2011 (hereinafter “the deceased”).

The Plaintiff and the Deceased agreed to pay the borrowed amount of KRW 5 million on March 7, 2012 and the interest rate of KRW 2%. At the time of the said loan, the Plaintiff and the Deceased agreed to pay the borrowed amount (Evidence A 1; hereinafter referred to as “each of the instant notes”).

(2) The deceased’s principal, date and time of loan, name, resident registration number, and some addresses in each of the instant notes. The plaintiff additionally stated the part of “interest No. 2” and “payment No. 7 on March 12” in each of the instant notes stating the above contents as seen earlier by the deceased. Defendant B is the deceased’s spouse, and Defendant C and D are the deceased’s heir, who is the deceased’s heir. Since the deceased’s debt of this case was inherited at the rate of 3/7, 2/7, 2/7, and 2/7, respectively, Defendant B is liable to pay damages for delay calculated at the rate of 20% per annum from the day following the delivery date of the instant complaint to the date of full payment. 2) The Defendants’ statement in each of the instant notes “No. 2, 242,858 won” and “no. 1,428,571 won per annum,” and “no. 7,000.”

B. Of the instant reports (No. 1), the phrase “the deceased borrowed KRW 5 million from the Plaintiff on May 7, 2011” means that the authenticity is recognized as being caused by the deceased’s own pen. However, the part that “the interest on the instant loans is two copies, and the maturity date is March 7, 2012,” which is written by the Plaintiff’s assertion, is written by the Plaintiff rather than the deceased, and the Plaintiff was delegated by the deceased with the authority to state interest or the maturity date.

In addition, there is no evidence to prove that it was based on the deceased’s will, as alleged by the Plaintiff, on the part of the deceased.

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