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(영문) 인천지방법원 2017.07.21 2016가합55345
양수금
Text

1. Defendant B’s KRW 300,000,000 and interest rate of KRW 15% per annum from July 28, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant B is the Plaintiff’s double-entry, and Defendant C is the husband of Defendant B, and Defendant C is the father of Defendant B and the father of the Plaintiff, and Defendant C is the principal of Defendant C.

B) D (hereinafter referred to as “the deceased”).

(2) On January 7, 2016, the deceased left a will to give all remaining property of the deceased to the Plaintiff, and died on January 22, 2016. 2) The deceased had the Defendant C, who was a fraud, receive the investment of the shares by paying the money owned by the deceased. The deceased’s share was above KRW 1290 million from around 2004 to 2010,000 (the Defendant asserted that the deceased was in charge of KRW 1,295,157,522). The Plaintiff asserted that the Plaintiff was above.

B) Defendant C incurred losses while managing the deceased’s money.

3) Defendant B’s written statement of KRW 300 million, demanding the deceased to prepare a letter of intent that he would pay money to the Plaintiff, who is the deceased’s children, as compensation for losses incurred by Defendant C’s investment in shares, and Defendant B would have paid KRW 300 million to the deceased on June 13, 2011, respectively (hereinafter “each letter of this case”).

【Preparations and orders. 【Facts without dispute over the grounds for recognition, Gap evidences 1 to 7, 11 to 15, the purport of the whole pleadings.】

2. Determination

A. According to the above facts as to the claim against Defendant B, it appears that the deceased and Defendant B entered into a contract for a third party that Defendant B would pay KRW 300 million to the Plaintiff, who is the deceased’s her husband, in order to compensate for the loss incurred by Defendant C, who operated and paid the deceased’s money. The Plaintiff may be deemed to have expressed its intent to make profits to Defendant B by delivering a duplicate of the complaint of this case.

Therefore, Defendant B’s service of KRW 30 million and its duplicate to the Plaintiff, from July 28, 2016, the day after the delivery of a copy of the instant complaint.

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