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(영문) 서울중앙지방법원 2018.12.19 2018가단2538
대여금반환 청구의 소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On November 9, 2010, the network E (hereinafter “the deceased”) remitted KRW 35 million to the Defendant’s account.

B. On March 8, 2011, the Deceased remitted KRW 50 million to the Defendant’s account.

C. On March 8, 2011, the Deceased and the Defendant drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the following content.

1) On March 8, 201, the Deceased lent KRW 85 million to the Defendant on March 8, 2011. (2) Interest shall be paid KRW 850,000 per annum (12%) on the nine day of each month.

On January 20, 2016, the deceased died, and the deceased’s property was inherited by the Plaintiff, the spouse of the deceased, C, and D, who are their children, according to the statutory inheritance portion (Plaintiffs 3/7, Appointors C, and D 2/7).

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion 1) on March 8, 201, the Deceased lent KRW 35 million to the Defendant separate from KRW 85 million as indicated in paragraphs (a) and (b) of Article 1-A. In other words, the Deceased lent KRW 35 million to the Defendant via the NetworkF on November 9, 2010, and separately, on March 8, 201, the Deceased directly lent KRW 85 million to the Defendant (Article 1-b).

After lending KRW 50 million and cash or check or by means of remittance, etc. to a specific person’s account designated by the Defendant, the instant notarial deed was prepared. Therefore, the Defendant: (a) paid the Deceased a total of KRW 120 million (= KRW 85 million) to the Deceased; (b) out of the loans, KRW 15 million and KRW 2.745 million as of March 8, 201; and (c) did not pay KRW 322,555,00 as of March 8, 201; and (d) the Defendant separately borrowed KRW 305,00,000,000 to the Plaintiff, the heir of the Deceased, and KRW 32,2202,555,00,000,000 as of KRW 15,000,000,000; and (e) the Defendant shall separately pay the money to the Deceased’s heir, by dividing the amount of KRW 322,225,5555,00).

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