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(영문) 제주지방법원 2018.10.02 2018가단50651
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 25, 2016, Defendant B filed a divorce and a lawsuit claiming division of property against the deceased F (hereinafter “the deceased”) with Jeju District Court 2016Ddan10698 (hereinafter “Seoul District Court 2016Dhap10244, Jun. 28, 2016), and withdrawn the said lawsuit on September 26, 2017.

(The deceased died on September 16, 2017). (b)

On May 13, 2016, the Plaintiff established a collateral security right with respect to H apartment I located outside of G G in Jeju on May 13, 2016, and received a loan of KRW 140 million from the said bank on the same day.

C. On May 18, 2016, KRW 140 million was remitted from the Plaintiff’s account to K’s account. On the same day, KRW 140 million was remitted from K’s account to the deceased’s account. On the same day, from the deceased’s account, KRW 100 million was remitted from the deceased’s account to the account in the name of L corporation in which the deceased was registered as an internal director.

On May 18, 2016, the Deceased prepared a loan certificate with the amount of KRW 140 million per month, interest KRW 700,000 per month, and the due date for payment as of December 30, 2017 (hereinafter “the loan certificate in this case”).

E. From June 2016 to April 2017, the deceased transferred KRW 700,000 per month from June 2016 to the K’s account, and at the same time, the money was transferred from the K’s account to the Plaintiff’s account in the name of the Plaintiff.

F. On September 29, 2017, K filed a lawsuit seeking the return of a total of KRW 140 million against the Defendants by Jeju District Court Decision 2017Da5972, which was the lower court, but the said court rendered a ruling of recommending reconciliation with the content of waiver of the claim by K on April 11, 2018, and the said ruling became final and conclusive on May 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 4, and 6, the result of each fact inquiry into the Jeju Market and J Co., Ltd.

2. Judgment on the plaintiff's assertion

A. The Deceased, through K, borrowed KRW 140 million from the Plaintiff through K and partially owned by the Deceased.

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