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(영문) 부산지방법원 2014.06.25 2013가합47388
대여금
Text

1. The Defendant: (a) KRW 57,414,693 within the scope of the property inherited from the deceased C, as well as the Plaintiff’s property on January 2013.

Reasons

1. Determination on loan claims

A. The Plaintiff’s assertion (1) The deceased C (hereinafter “the deceased”) and the Defendant jointly borrowed a total of KRW 147,00,000 from the Plaintiff as follows, and thus, the Defendant is obligated to pay KRW 49,414,693 among them.

(A) The Plaintiff borrowed KRW 40,00,000, total of KRW 40,000,000 that was recovered by the exercise of the security right after the closing of the instant argument. (A) (1) September 10, 209; (2) KRW 5,000,000 on September 11, 2009; and (3) October 26, 2010; and (4) KRW 42,00,00,000 on December 31, 2010.

(B) The sum of KRW 60,000,000 on March 9, 201, and KRW 45,000,000 on March 10, 2011, was borrowed as KRW 60,00,000.

(C) on July 28, 2011, borrowed KRW 45,000,000.

(2) Even if the Defendant’s joint-use fact is not recognized, the Defendant is obligated to pay KRW 49,414,693 to the Plaintiff as the deceased’s property heir.

B. The facts of recognition (1) The Plaintiff, on September 10, 2009, remitted KRW 2,000,000 to D on September 10, 2009, KRW 5,000,000 to the account under the name of the Defendant on September 11, 2009, ③ KRW 25,000,000 to the Deceased on October 26, 2010, ④ 10,000,000 to the Deceased on December 31, 201, respectively.

(B) With respect to G apartment Nos. 103, 806, G in Busan Shipping Daegu E and F (hereinafter “G apartment”), the registration of ownership transfer was completed on September 11, 2009 from D to Busan District Court Dong Branch of the Busan District Court on Oct. 16, 2009, as the receipt of No. 92673 on Oct. 16, 2009.

(2) The Plaintiff, on March 9, 201, transferred KRW 15,000,000 to the Deceased on March 9, 2011, and KRW 45,000,000 in total, and KRW 60,000 in the account under the name of the Defendant on March 10, 2011.

(B) Busan Shipping Daegu Apartment No. 101, No. 713 (hereinafter “H apartment”) is called “H apartment.”

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