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(영문) 수원지방법원성남지원 2015.05.22 2014가합207333
대여금
Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 27,692,307, Plaintiff B, C, D, E, and F, respectively. 18,461,538 and each said money.

Reasons

1. Basic facts

A. Plaintiff A is the husband of the deceased I (hereinafter “the deceased”), and the remaining Plaintiffs are the children of the deceased.

B. Defendant H is the decedent of the deceased, and Defendant G is in a de facto marital relationship with Defendant H.

C. On September 3, 2012, the two-story building (hereinafter “instant building”) was newly constructed on the land leveled by JJ 224 square meters (hereinafter “instant land”). On October 2, 2012, the registration of initial ownership in Defendant G’s name was completed with respect to the instant building. On April 3, 2012, the registration of initial ownership was completed on the instant land, the establishment of a neighboring mortgage registration in the deceased’s name (hereinafter “the registration of initial establishment”) was completed on April 3, 2012, with respect to the instant land at KRW 150 million.

Defendant G paid KRW 50 million to Plaintiff E on February 20, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. Prior to April 2, 2012, the Deceased claimed by the Plaintiffs lent KRW 150 million to the Defendants the construction cost of the instant building, KRW 20 million for the fishery license purchase cost, and KRW 20 million for the first floor of the instant building. From May to June 2012, the Defendants paid KRW 20 million to the Defendants with the deposit money for the lease of the said commercial building. Since the lease of the said commercial building was terminated due to the death of the Deceased, the Defendants are jointly and severally liable to pay to the Plaintiffs an amount equivalent to the Plaintiffs’ share of the total amount of KRW 190 million (= KRW 150 million for each of the said respective amounts leased or received from the Deceased (= KRW 20 million), excluding KRW 50 million for the remainder of KRW 140 million,000,000,000,000 for each of the said respective amounts repaid to the Plaintiff E.

B. Defendant G borrowed a total of KRW 120 million from the Plaintiff for the purchase of fishery licenses, and KRW 100 million for the construction of the instant building. Defendant G borrowed KRW 20 million from the Plaintiff, and the Deceased granted KRW 20 million to Defendant G as the deposit money for the lease on the first floor of the instant building. However, the Deceased granted KRW 20 million as the deposit money for the lease on the first floor of the instant building.

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