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(영문) 울산지방법원 2015.05.15 2014가단32594
대여금
Text

1. The claims of the plaintiff (appointed party) and the designated parties are dismissed, respectively.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. Nonparty A died on November 12, 2014.

B. The plaintiff, the designated parties, and the defendant are children A.

C. A’s spouse and Nonparty D, a South-North Korea, died before A’s death, and Nonparty E, a bereaved family member of D, who is his/her head.

[Reasons for Recognition] Facts without dispute, Gap evidence 5-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s major assertion (1) A withdrawn 40 million won from his own account on July 18, 2006 and lent it to the Defendant as a housing fund.

(2) The Plaintiff and the designated parties jointly inherited the principal and interest of the Defendant’s loan upon the death of A.

(3) Therefore, the defendant is obligated to pay the principal of the loan to the plaintiff and the selected parties and the delayed payment damages.

B. We examine whether a board A has lent 40 million won to the defendant.

In light of the facts without dispute, Gap evidence No. 2, and the purport of the whole pleadings, the fact that the sum of KRW 41,559,466 was withdrawn from Gap's name F and G account on July 18, 2006, and the fact that the defendant received KRW 40 million from A around that time is recognized.

However, it is insufficient to recognize the fact that the 40 million won paid to the defendant was a loan or otherwise A lent 40 million won to the defendant with each of the above facts of recognition, Gap evidence Nos. 1 through 4, Gap evidence No. 6, and 7, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit even without examining the remaining points.

3. If so, the claims of the plaintiff and the designated parties are without merit, they are dismissed.

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