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(영문) 울산지방법원 2017.05.25 2016가합1010
대여금
Text

1. The Defendant: (a) KRW 170,000,000 within the scope of the property inherited to the Plaintiff to the deceased C; and (b) on July 2016.

Reasons

1. The parties' assertion

A. The Plaintiff lent a total of KRW 340 million to the Plaintiff C, and the Defendant, the inheritor of C, is obligated to pay the Plaintiff a total of KRW 170 million (=a total of KRW 340 million x statutory inheritance 1/2) equivalent to the inherited portion.

B. Defendant C did not borrow a total of KRW 340 million to the Plaintiff, and even if it borrowed money, the Defendant was subject to a qualified acceptance trial on inheritance.

2. We examine the judgment, Gap evidence Nos. 1 (C's signature part is recognized as Eul's pen book by the respective descriptions of No. 9-1 and 2-2 and the purport of the whole pleadings, and thus the authenticity of the entire document is presumed to have been established), Gap evidence Nos. 2, 3 (including serial numbers), Eul evidence Nos. 1 through 3, Eul evidence Nos. 6, 10, 11, and the whole purport of the pleadings, comprehensively taking into account the whole purport of the pleadings, the plaintiff's account No. 3. 3. 26, 2008; May 26, 2009; and the same year.

6. Each of 25. 10 million won, 30 million won on July 13, 2009, 50 million won on August 26, 2009, 30 million won on August 27, 2009, 12.10 billion won on November 10, 209, and 10.10 billion won on May 10, 2012, the Plaintiff received a certificate of borrowing KRW 30 million on December 3, 2012 from the district court 205. 16. 206 billion to the Plaintiff on December 3, 2012, the Plaintiff paid 206. 3 billion won on a regular basis from 205. 16 billion won to the heir’s account on October 2014, the Plaintiff paid 16. 3 billion won to the Plaintiff each of 6.4 billion won on May 24, 2015.

According to the above facts, the above facts are examined.

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