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(영문) 서울서부지방법원 2019.12.20 2018나43245
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On August 24, 2015, the Plaintiff transferred the total of KRW 100 million (hereinafter “instant KRW 200 million”) KRW 200 million from August 25, 2015 to the G account (R; hereinafter “instant account”) with the Plaintiff’s name in Q (hereinafter “instant account”).

B. After that, the F died on January 18, 2017 (hereinafter “the deceased”), and as the inheritor of the deceased, Defendant C and D, the spouse of the deceased, are Defendant B and A.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. Around August 2015, the Deceased requested H to lend KRW 200 million from a third party, and the Plaintiff, who was the wife of H’s past workplace, lent KRW 200 million to the Deceased.

After that, the deceased died, and the Defendants, the inheritor of the deceased, jointly inherited their obligations for loans to the deceased in proportion to their respective statutory inheritance shares. Defendant B, while Defendant C, and D, are liable to pay to the Plaintiff the amount of loans to the deceased in proportion to their respective statutory inheritance shares. Defendant C, the amount of which is less than KRW 85,714,285 (=20 million x less than KRW 3/7,000 x less than KRW 3/7,00; hereinafter the same shall apply), Defendant C, and D, respectively. (=20 million x 2/7)

B. If the KRW 200 million of the instant conjunctive claim is not a loan to the Plaintiff’s deceased, the Deceased did not have any legal cause, thereby gaining profits equivalent to KRW 200,000,000, and suffered damages equivalent to the same amount from the Plaintiff.

After that, the deceased died, and the Defendants, the inheritor of the deceased, jointly inherited the deceased’s obligation to return unjust enrichment to the deceased according to their respective statutory inheritance ratio. Defendant B, the Plaintiff, and Defendant C, and D, respectively, are liable to pay damages for delay to the Plaintiff.

3. Determination

A. One recognition of the determination as to the primary cause of claim (1) is made to each securities company as indicated in the following table.

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