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(영문) 광주지방법원 목포지원 2018.01.17 2017가단51007
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

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

Reasons

1. Facts of recognition;

A. On May 27, 2013, the Plaintiff loaned KRW 20,000,000 to the net F (hereinafter “F”), and KRW 60,000,000 on May 28, 2013, and KRW 5,000,000 on October 8, 2015, respectively.

B. On October 8, 2015, F: “Around May 27, 2013 and May 28, 2013, 2013, F agreed to pay interest of KRW 80,000,000,000, including KRW 16,000,000, but failed to pay the same on May 30, 2014; and F borrowed KRW 5,000,000 on October 8, 2015; thus, F promised to pay KRW 101,00,000 upon receiving insurance proceeds on October 15, 2015 to the Plaintiff.”

C. On October 10, 2015, F died due to a traffic accident. The Defendants filed a report on the waiver of F’s property inheritance under the Gwangju Family Court’s Maritime Court’s 2015-Ma1008, thereby receiving the said report from the said court on November 18, 2015. Accordingly, the Defendants’ mother G solely succeeded to F.

On the other hand, the above.

Before the occurrence of a traffic accident, H, a marine insurance company of the above traffic accident, is referred to as "Dong deputy fire."

B) Around December 30, 2015, G entered into an automobile insurance contract with respect to a vehicle in the Asia (I). On December 30, 2015, G directly claimed for damages under the said insurance contract on the same fire, and received KRW 90,000,000 from the same fire to J’s account. E. In addition, H deposited KRW 40,00,000 as G for the purpose of compensating for F death, on May 25, 2016, by designating the deposited person as G, the Gwangju District Court Branch Branch of the Gwangju District Court (No. 403, May 25, 2016). On May 25, 2016, G filed an application against G for the attachment and order of entire claim for payment of deposit money under the said E (No. 2016T) with respect to the claim for payment of deposit money under the said E, and the said court accepted the Plaintiff’s claim for the assignment order on June 26, 2016

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