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(영문) 수원지방법원 2020.09.24 2020가단511750
대여금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. E transferred KRW 100 million to F Co., Ltd. (hereinafter “F”) on January 19, 2010.

B. On September 7, 2017, E died, and accordingly, Plaintiff B and C, who is his wife, succeeded to the property of E.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. As the cause of the instant claim, the Plaintiffs asserted that, as they leased KRW 100 million to the Defendant on January 19, 2010 by means of remitting KRW 100 million to F’s account, the Defendant is obligated to pay the said loan KRW 100 million to the Plaintiffs, who are property successors, as well as damages for delay.

B. We examine, as seen earlier, the fact that E remitted KRW 100 million to F on January 19, 2010 is recognized, but it is insufficient to recognize the fact of lending to E as alleged by the Plaintiffs, and there is no other evidence to acknowledge it.

C. Therefore, the plaintiffs' above assertion is without merit.

3. In conclusion, the plaintiffs' claims of this case are all dismissed as it is without merit. It is so decided as per Disposition.

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