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(영문) 의정부지방법원 2020.09.18 2018가합1312
대여금
Text

1. The Defendant: (a) KRW 150,00,000 for Plaintiff A; (b) KRW 90,000,000 for Plaintiff B; and (c) KRW 60,000 for Plaintiff C and each of the said money.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on January 25, 2018, and the inheritor is the Plaintiff B and his/her child, who is the wife.

B. The Defendant (former FF Co., Ltd.) deposited KRW 20,00,000,000 on July 20, 2012; KRW 30,000,000 on July 31, 2012; KRW 20,000,000 on December 20, 2012; and KRW 20,000,000 on January 19, 2013; and deposited KRW 10,00,000 on the Defendant’s Industrial Bank of Korea account (H) with the Defendant’s name; KRW 10,00,000 on December 31, 2012; KRW 10,00,000 on February 8, 2013; and KRW 10,000,000 on February 14, 2013; and

C. The Defendant’s loan amounting to KRW 150,00,00 (= KRW 20,000,000 deposited on December 20, 2012) from Plaintiff A, which was deposited on January 19, 2013, KRW 10,000 deposited on February 8, 2013, KRW 10,000 deposited on February 14, 2013, KRW 10,000 deposited on September 14, 2013, KRW 10,000 deposited on September 30, 2015 (hereinafter “one performance note”), and the Defendant’s loan amounting to KRW 10,00,00 deposited on April 1, 20, KRW 200, KRW 300 deposited on April 20, KRW 200, KRW 301 deposited on April 1, 201, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11 (including each number in the case of additional number), witness I's testimony, and inquiry of the Court Administration of this Court, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to repay the loan No. 1 to the plaintiff A in accordance with the first statement of performance and the second letter of performance to the plaintiff B and C, who is the inheritor of the deceased, according to their respective inheritance shares.

Therefore, the defendant shall pay 150,000,000 won for the first loan to the plaintiff A.

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