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(영문) 의정부지방법원 2014.09.12 2014나6313
대여금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff, which orders the defendants to pay below.

Reasons

1. Facts of recognition;

A. The Plaintiff is the deceased G (hereinafter “the deceased”). The Defendants, the co-defendant B and the deceased and the former F, the wife of the deceased, are the inheritors of the deceased.

B. The Plaintiff traded money with the Deceased, and the Deceased died on April 14, 2012.

C. B transferred 3/9 of the deceased’s property, and the Defendants inherited 2/9 of each of them.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted (i.e., May 20, 2009) lent KRW 10 million to the Deceased on the pretext of the deposit for the lease of Heg Loans located in Hagdong.

on September 5, 2009, the Plaintiff lent 2 million won in cash to the Deceased.

On November 24, 2009, the Plaintiff lent a total of KRW 26.5 million including KRW 3 million to the Deceased, KRW 3.5 million under the name of the wage and material value of the third field converted, KRW 20 million from I, and KRW 3 million under the name of the deceased’s living together with the deceased’s obligation in lieu of his obligations.

x. On February 1, 2010, the Plaintiff purchased K’s land located in Socheon-gun, the ownership of the deceased, and paid 9 million won as the price, and the sales contract was cancelled, the Deceased is obligated to return the said nine million won to the Plaintiff.

(v) on February 25, 2010, the Plaintiff leased the deceased’s L/M 439 square meters owned by it, and paid the rent of KRW 13 million.

Therefore, the deceased was obligated to pay the above 13 million won to the Plaintiff.

⑹ 원고는 2010. 6. 4. 망인에게 1,000만 원을 대여하였다.

⑺ 원고는 2010. 11. 10. 망인에게 230만 원을 대여하였다.

⑻ 원고는 2010. 11. 17. 망인에게 1,000만 원을 대여하였다.

⑼ 원고는 2011. 2. 10. 망인에게 120만 원을 대여하였다.

⑽ 원고는 2011. 2. 25. 망인에게 500만 원을 대여하였다.

⑾ 원고는 2011. 5. 5. 망인에게 200만 원을 대여하였다.

⑿ 원고는 2011. 5. 10. 망인에게 250만 원을 대여하였다.

⒀...

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