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Reasons
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(영문) 전주지방법원군산지원 2015.11.13 2015가단52430
대여금
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) was dead on June 16, 2014, and was in a de facto marital relationship with H and E, and the Defendant was in a de facto marital relationship with his/her husband and wife.

B. On March 11, 2013, the Deceased offered the amount of KRW 80,00,000 as a joint collateral by taking out a loan of KRW 10,00,000 from the Yellow Chang Credit Cooperative (hereinafter “1”) and the amount of KRW 3967,00 square meters (hereinafter “second-party land”) in order to provide as a joint collateral (the maximum bond amount of KRW 112,00,000,000) and the amount of said loan was given to H or the Defendant.

C. The Deceased donated the first land to E before birth, and the second land to the Plaintiff, respectively, and after the Deceased’s death, E donated the second land to the Plaintiff.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 7 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the claim of this case

A. The plaintiffs' assertion 1) lent KRW 80,00,000 to the defendant who borrowed the land Nos. 1 and 2 as collateral, and since the deceased died, the plaintiffs are obligated to pay each of the 12,307,692 won (80,000,000 x 2/13) and delay damages to the defendant according to their shares of inheritance. 2) The defendant deceased did not lend KRW 80,00,000 to the defendant, but rather donated the above money to H.

B. 1) There is no direct evidence as to whether the Deceased lent KRW 80,000 to the Defendant. 2) The Plaintiffs asserted to the effect that the Deceased’s lending to the Defendant can be presumed due to various circumstances, but the above assertion cannot be accepted for the following reasons. The fact that the Deceased was accompanied by the Defendant during the process of borrowing KRW 80,000,000 from the Yellow Chang Credit Cooperative, etc., that the Deceased took over the lending documents, etc., is re-written by the Defendant.

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