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(영문) 의정부지방법원 고양지원 2018.06.15 2017가합74729
대여금
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 63,428,571; (b) KRW 42,285,714 for each of the said money; and (c) KRW 42,714 for each of the said money.

Reasons

1. According to the overall purport of the statement and pleading by the evidence No. 1 (including paper numbers) and the basic facts, the Plaintiff came to know of the net F (hereinafter “the deceased”) working as an insurance solicitor around 1998, and took place close to the Deceased for about 20 years thereafter. ② The Deceased died on February 20, 2017, and the deceased died on February 20, 201, the Plaintiff’s legal heir may be recognized as having Defendant CD, the husband, Defendant B and his child, the husband.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) As to the Plaintiff’s claim for monetary payment (A) around December 2010, the Plaintiff is obligated to pay the Plaintiff, a legal inheritor of the deceased, the amount of KRW 148 million in total to the Plaintiff by directly remitting KRW 48 million to the seller of the said real estate upon the request of the deceased on April 22, 201, and remitting KRW 100 million to the Defendant’s account under the name of the Defendant B upon the request of the deceased on April 22, 2011. As such, the Defendants, the legal inheritor of the deceased, are liable to pay the Plaintiff, the obligee, the amount of KRW 148 million in total, with respect to the above loan amounting to KRW 148 million in total.

(2) Preliminaryly, even if the Plaintiff’s lending of KRW 148 million to the Deceased is not acknowledged, the Plaintiff’s transfer of KRW 100 million to the account held in Defendant B to the account held in Defendant B was made without any legal cause. Therefore, Defendant B is obligated to refund the above KRW 100 million to the Plaintiff as unjust enrichment.

B) As to the claim for the performance of the procedure for the registration of transfer of ownership, the Plaintiff lent a total of KRW 60,100,000 on several occasions at the request of the deceased from September 2003 to December 2003, and on December 26, 2003, instead of paying the above loan between the deceased and Pyeongtaek-si E, 1,322 square meters owned by the deceased (hereinafter “instant E land”).

Payment arrangements will be made to transfer ownership of one-half shares.

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