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(영문) 대구지방법원 2015.02.04 2014가단34802
대여금
Text

1. The Defendant: (a) within the scope of the property inherited from the deceased C, KRW 35,00,000 and its amount on November 2014 to the Plaintiff.

Reasons

1. The Deceased died around April 23, 2014.

On May 20, 2014, the Defendant was tried to approve the succession by the Daegu Family Court 2014-Ma1257, and was tried to accept the report of renunciation of inheritance as the same court 2014-Ma1256 on the same day.

[Ground of recognition] Facts without dispute, entry B in the evidence of subparagraphs 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that, around June 8, 2012, the deceased lent KRW 20,000,000 to the deceased respectively, KRW 10,000,000 on or around March 26, 2014, and KRW 5,00,000 on or around March 20, 2014, the Plaintiff sought payment against the Defendant, the inheritor of the deceased. (2) The Defendant asserted that, at the time of the Plaintiff’s assertion, the deceased would have much property on the deceased, and there was no property of the Plaintiff, the Plaintiff could not lend money to the deceased.

B. 1) Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 3, the Plaintiff’s net C (hereinafter “the deceased”) on June 8, 2013.

The Plaintiff also remitted KRW 5,00,000 to the deceased’s account on June 26, 2013; ② the Plaintiff remitted KRW 5,000,000 to the deceased’s account from the Plaintiff’s H, the Plaintiff of the same month, to the deceased’s account; ③ the Deceased’s request for personal support payment of KRW 10,000,000 to the Plaintiff on March 9, 2014; and the Plaintiff sent text messages to the Plaintiff on April 15, 2014.

4. Until October 20, 200, she said that she will do so.

It can be recognized that text messages are sent.

2. In view of the financial transaction relationship between the Plaintiff and the Deceased, and the deceased requesting the Plaintiff to lend money, etc., as alleged by the Plaintiff, KRW 20,000,000, around June 8, 2012, and KRW 10,000,000 around March 20, 2014, as alleged by the Plaintiff, and KRW 5,00,000,000 around March 20, 2014, respectively.

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