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(영문) 의정부지방법원고양지원 2019.11.29 2019가단83300
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff’s claim net C (D students, hereinafter “the deceased”) lent to the Defendant on June 30, 2003 the interest rate of KRW 1 billion, June 30, 2003, and June 30, 2004. The amount of KRW 400 million on June 9, 2004 was determined as interest rate of KRW 1% and due date of payment on December 30, 206, and thereafter lent KRW 300 million around 205 and KRW 200 million around March 2012, including KRW 200 million.

After the Deceased died on June 1, 2018, co-inheritors, including the Plaintiff, inherited the foregoing loan claims, and the Plaintiff’s share of inheritance is 1/6. As such, the Plaintiff claims for a partial claim of the amount equivalent to the Plaintiff’s share of inheritance among the loan claims, KRW 40 million and damages for delay.

The judgment on the cause of the claim was examined and lent to the defendant, the deceased, on June 30, 2003, 1% of interest per month, and on June 30, 2004, and on June 30, 2004. The loan was made on June 9, 2004 with interest rate of KRW 1% per month, the due date for payment on December 30, 2006, and the loan was made on December 30, 2006. Thus, there is no dispute between the parties. Thus, the defendant is liable to pay to the plaintiff the amount equivalent to the plaintiff's share of inheritance among the above loans and the damages for delay.

(1) The Plaintiff’s remaining loan claims are insufficient to be recognized only with the entry of the evidence No. 3, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is without merit. The Defendant’s defense that the full repayment of the deceased’s loan was made.

The following circumstances, which are acknowledged by comprehensively considering the evidence Nos. 6 through 8 (including partial identification numbers), Eul evidence Nos. 1 through 4, and the whole purport of the pleadings as a result of the response to the order to submit financial transaction information to the IBK Bank to the IBK Bank, i.e., ① the financial transaction of which the Defendant paid a sum of KRW 2.15 million to the Deceased from February 17, 2004 to August 25, 2014, are confirmed; ② the financial transaction details that the Defendant paid money to the Deceased are not verified; ② the financial transaction details that the Defendant paid money to the Deceased are not verified.

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