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(영문) 서울고등법원 2016.10.06 2015나2072192
대여금
Text

1. The part of the judgment of the court of first instance against the Defendants (citing the Plaintiff’s claims) shall be revoked.

2. The above-mentioned cancellation part.

Reasons

1. Basic facts (1) K died on March 30, 201 (hereinafter referred to as “the deceased”). On March 30, 201, as the heir, Plaintiff B, C, D, E, Defendant I, and F, the spouse of Plaintiff A and children.

F After filing the instant lawsuit, 2015

1. The heir died on August 1, 198, and there is Plaintiff G and Plaintiff H (LL and the appellate court became adult) who is the spouse.

Defendant J is the husband of Defendant I.

(2) On April 16, 2010, the Deceased paid KRW 97,598,593 to the Defendants.

The Plaintiffs asserted that the deceased paid KRW 30,00,000, KRW 30,000, KRW 38,672,465, total amount of KRW 98,672,465, and KRW 29,672,465, the deceased paid KRW 29,672,534, KRW 696,684, KRW 38,189, KRW 375, KRW 97, KRW 98,593, and KRW 97,593, April 16, 2010. Meanwhile, the Plaintiffs paid KRW 45,202,36 to the Defendants on April 16, 2010.

(3) On April 16, 2010, Defendant J purchased the Dongjak-gu Seoul N Ground Building in KRW 2,100,000,000 from M and paid KRW 250,000 as down payment to M on the same day. Defendant J used part of the money paid to the Defendants as described in paragraph (2) of the Deceased and Plaintiff A as down payment.

On April 16, 2010, Defendant J returned the remainder amount of KRW 2,414,243 not used as down payment to the Deceased.

(4) On May 26, 2010, the Defendants borrowed KRW 100,000,000 from the birthO of the Deceased for interest of KRW 330,000 per month and used it as the purchase fund of the said building.

(5) On June 3, 2010, the Deceased used the Defendants to repay the borrowed money to the Defendants as above and paid KRW 60,000,000 to the Defendants.

(2) On April 16, 2010 and June 3, 2010, the Defendant J wired the Plaintiff KRW 10,400,000 in total as follows from June 3, 201 to April 30, 201, and the Plaintiff and the Plaintiff transferred the money to the Defendants on April 16, 2010.

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