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(영문) 서울동부지방법원 2019.07.17 2017나27756
대여금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The parties 1) The Plaintiffs’ arar Ba-Ba refers to the deceased G on October 24, 1994 (Death on August 17, 2015, hereinafter “the deceased”).

(2) On November 16, 2015, the Defendants reported the qualified acceptance of the deceased’s property inheritance, and on February 23, 2016, the said qualified acceptance was accepted. The Defendants were born between the deceased and the deceased, and I (L) were born between the deceased and the M. (2) The Defendants reported the qualified acceptance of the deceased’s property inheritance.

B. From the financial account under the Plaintiff A’s name, KRW 217,00,000 was remitted from the financial account under the Plaintiff’s name to the financial account under the deceased’s name on December 21, 201, and KRW 69,000,000 on July 10, 201, and KRW 217,00,000 on October 7, 2013, and KRW 60,000 on January 9, 2014, to the financial account under the Plaintiff’s name. (ii) The money was transferred from the financial account under the Plaintiff’s name to the financial account under the deceased’s name.

3) Meanwhile, the Deceased and N Co., Ltd. (hereinafter “N”) operated by H.

) From August 30, 201 to April 7, 2014, a total of KRW 124,650,000 was remitted from the financial account in the name of the Plaintiff to the financial account in the name of the Plaintiff, and KRW 52,823,600 was remitted over 70 times from July 26, 2006 to June 24, 2014 to the financial account in the name of the Plaintiff B. Meanwhile, H directed N’s employees to transfer money frequently to the financial account in the name of the Plaintiffs who are students. (c) On the other hand, H stated “A, B loan repayment shall be made by selling convenience points after the establishment of the U.S. life,” and stated “B00,600,000 won” as “A” and “B0,600,000 won” as “B.

2) The appraiser P of the first instance trial compared the writing of the mermos or mermograph 1 of the above paragraph and the writing of the deceased’s mermos and letters, and appraised that “the writing of the penmos and the deceased’s mermos are the same.”

As a result of the second appraisal, N's monetary transfer (No. 14) was written mainly by the employee, using the sleep.

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