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(영문) 서울고등법원 2017.01.13 2016나2015394
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiffs' claims against the defendant are dismissed.

3...

Reasons

Basic Facts

The following facts are not disputed between the parties, or acknowledged in Gap evidence 1 to 5 by integrating the purpose of the entire pleadings.

On June 9, 2004, Co-Defendant C of the first instance trial prepared a written confirmation of borrowing that “I swear that I will borrow the KRW 300,000,000 ( KRW 300,000) from the deceased E (hereinafter “the deceased”) by July 31, 2004,” and F and the Defendant signed and sealed the said written confirmation of borrowing as the guarantor.

C on June 18, 2004, the Deceased swear that “C shall borrow by August 18, 2000 the daily gold-gu Won (290,000,000)”.

The letter of loan was drawn up and issued, and the F and the defendant signed and sealed the letter of loan as the guarantor.

Each of the above loan certificates is "written confirmations of each of the loans in this case"

On April 11, 2014, the deceased died, and the inheritor is the plaintiff A and the plaintiff B, who is the spouse.

Opinions of the Parties

A. On June 9, 2004, the Deceased claimed that the Plaintiffs lent KRW 300,000,000 to C on July 31, 2004 at the due date. The F and the Defendant guaranteed C’s above loan obligation.

On June 18, 2004, the Deceased lent KRW 290,000,00 to C with the due date set on August 18, 2004, and the F and the Defendant guaranteed C’s above loan obligation.

The Defendant, in collaboration with C, has a duty to pay the amount equivalent to 1/2 (the Defendant guaranteed together with F) of the total amount of the borrowed money to the Plaintiffs, the inheritor of the Deceased, according to the inheritance shares.

Therefore, in collaboration with Defendant C, the Defendant is jointly obligated to pay the Plaintiff KRW 177,00,00 ( KRW 590,000,000 x 3/5 x 1/2) to the Plaintiff, and to pay KRW 118,00,000 ( KRW 590,000,000 x 2/5 x 1/2) to the Plaintiff B.

B. The Defendant’s assertion C was invested in KRW 300,000,000 from the Deceased, while promoting the G Large Project in Osan City.

C is to make an investment from the deceased.

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