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(영문) 수원지방법원 여주지원 2017.02.15 2016가단52243
대여금
Text

1. The Defendants’ respective KRW 34,300,000 and KRW 30,000 among the Plaintiff, respectively, shall be from November 17, 2015 to May 17, 2016.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on January 6, 2016.

As a sibling of the Deceased, the Defendants inherited one-half shares of each of the deceased’s property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff asserted by the parties that the plaintiff lent KRW 100 million to the deceased, and thus, the defendants, the inheritor of the deceased, are obligated to pay each of the remaining loans to the plaintiff KRW 30 million (=60 million x 1/2 shares), each of which is one-half shares of the remaining loans (=60 million x 1/2 shares). In addition, since the plaintiff, on behalf of the defendants on behalf of the defendants, completed the registration of ownership transfer based on inheritance and paid KRW 8.6 million with the cost of subrogated registration, the defendants are liable to pay each of the plaintiff KRW 4.3 million (=8.6 million x 1/2 shares).

As to this, the defendants are not able to believe that the plaintiff lent money to the deceased.

3. Determination

A. Comprehensively taking account of the respective descriptions in the evidence Nos. 6 and 14 through 21 as to the claim for a loan, and the purport of the entire pleadings in the witness E’s testimony, the Plaintiff was a person who operated a F farm and was in possession of approximately KRW 192 million for the sale of the basic production of Seoul milk through the discontinuance of the past farm management around the end of 2012, and the purchase price thereof; the Plaintiff remitted KRW 100 million to the Deceased on January 10, 2013; the Deceased transferred KRW 20 million to the Plaintiff on January 13, 2014; the Deceased transferred the money to the Plaintiff from February 12, 2014 to January 15, 2015; the Deceased transferred KRW 240,000 per month to the Plaintiff from February 15, 2015 to January 27, 2015 to June 16, 2015.

In light of the above facts of recognition, the Plaintiff loaned KRW 100 million to the Deceased, and paid KRW 40 million to the Deceased, and the interest rate between the Deceased and KRW 3.6% per annum = 240,000 x.

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