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(영문) 의정부지방법원 2014.04.22 2013가단3682
대여금
Text

1. Defendant B’s KRW 9,653,33 of the Plaintiff and the Plaintiff’s 5% per annum from December 11, 2012 to April 22, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is the deceased G (hereinafter “the deceased”). Defendant B is the deceased’s wife, and Defendant C, D, and E are the incidentals between the deceased and the former wife F. The Defendants are the deceased’s inheritors.

B. The Plaintiff traded money with the Deceased, and the Deceased died on April 14, 2012.

C. As the wife of the deceased, Defendant B inherited 3/9 of the deceased’s property, and 2/9 of the deceased’s property as the wife of Defendant C, D, and E inherited 2/9 of the deceased’s property.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted (i.e., May 20, 2009) lent KRW 10 million to the Deceased on May 20, 2009 as the deposit for the lease of Halle’s Halle.

on September 5, 2009, the Plaintiff lent a cash of KRW 2 million to the Deceased.

On November 24, 2009, the Plaintiff lent to the Deceased KRW 3.5 million in total, including KRW 3 million in total under the pretext of purchasing Tex from I, KRW 20 million in terms of purchase of Tex, and KRW 26.5 million in terms of satisfaction with the deceased’s obligations on behalf of the deceased.

x. On February 1, 2010, the Plaintiff purchased K’s land located in Socheon-gun, the ownership of the deceased, and paid KRW 9 million with the purchase price. Since the purchase contract was terminated, the Deceased was obligated to pay the Plaintiff the said KRW 9 million.

(v) on February 25, 2010, the Plaintiff leased the deceased’s L/M 439 square meters owned by it, and paid the rent of KRW 13 million.

Therefore, the deceased was obligated to pay the above 13 million won to the Plaintiff.

⑹ 원고는 2010. 6. 4. 망인에게 1,000만 원을 대여하였다.

⑺ 원고는 2010. 11. 10. 망인에게 230만 원을 대여하였다.

⑻ 원고는 2010. 11. 17. 망인에게 1,000만 원을 대여하였다.

⑼ 원고는 2011. 2. 10. 망인에게 120만 원을 대여하였다.

⑽ 원고는 2011. 2. 25. 망인에게 500만 원을 대여하였다.

⑾ 원고는 2011. 5. 5. 망인에게...

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