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(영문) 수원지방법원 2019.12.20 2019나60509
대여금
Text

1. The part against the Defendants in the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to that part is all satisfied.

Reasons

Basic Facts

On January 8, 2009, the Plaintiff withdrawn one cashier’s checks (F) of KRW 30,000,000 at par value (hereinafter “the instant checks”) at the E-Union’s shop (Evidence A 22), and on the same day, G refunded the check at the same point (Evidence A 23), and then remitted KRW 25,000,000 to H, 5,000,000 among them, respectively.

(A) On the other hand, as of January 8, 2009, the I’s certificate of borrowing of KRW 30,00,000 (Evidence A 1; hereinafter “the certificate”) was written, and the I’s name and the J’s signature was written at the bottom of the instant certificate of borrowing. On the other hand, at the bottom of the instant certificate of borrowing, the I’s signature and seal was affixed to the part indicated by the said J.

I died on February 4, 2009, and Defendant C and D, the wife, succeeded to I's property according to the statutory share of inheritance.

(A) 【Nos. 5 through 19’s evidence). 【No dispute exists, A’s evidence Nos. 5 through 19, Party A’s evidence Nos. 22 through 24, Party A’s assertion as to the purport of the entire pleadings, and Plaintiff’s assertion as to the judgment of the Plaintiff around Jan. 2009 that the Plaintiff paid the Plaintiff money to the Plaintiff, and the father of G would recover the Plaintiff’s mother if he did not pay the money immediately. The father of G would have paid KRW 30,00,000 after making a full payment per month.

Accordingly, on January 8, 2009, the Plaintiff lent KRW 30,000,00 (hereinafter “the instant loan”) by withdrawing the instant check from the Plaintiff’s Nonghyup account and paying it to I, and received the instant loan certificate from I.

Therefore, the Defendants, the inheritors of I, are liable to pay to the Plaintiff the amount equivalent to their respective inheritance shares of the above KRW 30,000,000 and damages for delay.

Judgment

The Plaintiff: (a) on January 8, 2009, when the Plaintiff lent KRW 30,000,000 to I, the Plaintiff signed and sealed No. 1 (the certificate) and delivered it to the Plaintiff.

Since it is alleged that it is "," the same shall apply.

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