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(영문) 서울북부지방법원 2016.05.13 2014가단43455
손해배상(기)
Text

1. The Plaintiff:

A. As from June 4, 2015, Defendant C’s KRW 44,149,935 and its related thereto:

B. Defendant D shall be 29,433,290 won and .

Reasons

1. Determination as to the claim

A. On October 13, 2010, while the Plaintiff and the deceased B traded money over several occasions, the Plaintiff entered into a contract with the deceased to transfer the leased deposit claim amounting to KRW 100 million out of KRW 230,000,000,000, the Plaintiff and the deceased agreed to transfer the claim amounting to KRW 100,000,000 to the Plaintiff from among the leased deposit claim amounting to KRW 230,000,000,000,000, the Plaintiff notified the Plaintiff around October 18, 2010. However, the Plaintiff refused to pay the amount equivalent to the claim amount transferred to the Plaintiff because the lease deposit was not paid by the deceased, and the deceased died on January 30, 2015, and thus, the deceased’s wife and C’s heir, who is the deceased’s heir, did not have any dispute between the deceased and the parties, or the Plaintiff’s entire testimony number 14,000,00.

According to this, the Defendants, the inheritor of the deceased, are obligated to pay the Plaintiff the obligation of KRW 100 million to the Plaintiff and the interest in arrears thereof, according to their respective inheritance shares.

As to this, the defendant asserted that the deceased paid KRW 95,102,00 in total in the number of days between October 14, 2010 and June 5, 2012 after the transfer of the obligation of KRW 100 million that the deceased shared to the plaintiff, but the statement of the evidence No. 1 is insufficient to recognize it, and the defendant's assertion is not accepted since there is no other evidence to acknowledge it.

B. According to the Plaintiff’s statement No. 4, the Plaintiff’s claim for a loan after the date of transferring the right of claim, the sum of KRW 16,673,515 from December 21, 2010 to November 16, 2012, which was 20 times from the Plaintiff’s account to another person’s account, was transferred from December 20, 201 and KRW 5,693,000, which was 10,000 from December 22, 2010 to April 5, 2012.

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