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(영문) 서울중앙지방법원 2016.01.29 2015가합504320
대여금
Text

1. The Defendants jointly share 6,66,66 won, Plaintiff B, C, and D, respectively, and each of the said money.

Reasons

1. The parties' assertion

A. 1) The claims against Defendant E are the deceased’s inheritors. The deceased, on August 12, 2010, lent 100,000,000 won to Defendant E as well as 50,000,000 won on September 7, 2010, and 50,000,000 won on September 9, 2010, to Defendant E, 12% per annum, and 3 months after the date of maturity, respectively. Defendant E is obligated to return the above borrowed amount to Defendant E’s heir in proportion to his share of inheritance. (ii) Defendant E, who is the deceased’s heir, was obliged to return the said borrowed amount to Defendant E with Defendant F and Dong HE’s capital borrowed from the deceased.

After that, Defendant E transferred his share to Defendant F on February 201, and Defendant F acquired Defendant E’s obligation for borrowed money together.

Therefore, Defendant F is jointly with Defendant E and is obligated to return the above borrowed money to the Plaintiffs, who are the inheritor of the deceased, in proportion to their shares of inheritance.

B. Defendant E’s assertion 1) rather than borrowing KRW 200,000,000 from the Deceased, Defendant E merely received investment. After that, Defendant E transferred the same kind of business shares to Defendant F to withdraw from the same business relationship, and Defendant F took over the obligation to return the investment amount to the Deceased. (2) Defendant F’s assertion merely lent Defendant E the amount of KRW 200,000,000 to Defendant E.

Defendant F is irrelevant to the said money.

Defendant F acquired the shares in the same business from Defendant E in relation to the HPnice Center and regularly remitted 2,00,000 won to the Deceased each month, but is only a remittance by each subparagraph.

Defendant F did not assume the deceased’s obligation from Defendant E.

2. Determination

A. The facts below acknowledged as to the claim against Defendant E are either a dispute between the parties, or a evidence Nos. 1 through 7 (each of the entries including serial numbers added to the whole purport of the pleadings.

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