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(영문) 울산지방법원 2015.07.22 2015가단50902
대여금
Text

1. The Defendant: 650,000 won to the Selection C and the following: 5% per annum from February 17, 2015 to July 22, 2015.

Reasons

1. Basic facts (the fact that there is no dispute)

A. The Defendant’s husband D (hereinafter “the Deceased”) died on November 1, 2014.

B. The Selection is the mother of the Deceased, E is the father, and the Plaintiff, F, G, and H are the siblings.

2. Judgment on the plaintiff's claim

A. On November 5, 2012, the Plaintiff asserted that the Plaintiff lent KRW 15 million to the Defendant.

B. According to the evidence No. 2, the Plaintiff’s transfer of KRW 15 million from the account under the Plaintiff’s name to the account under the Defendant’s name on November 5, 2012 can be acknowledged.

However, the fact alone is insufficient to recognize that the Plaintiff lent KRW 15 million to the Defendant, and there is no other evidence to acknowledge it.

3. Determination as to the claim by the selector

A. On August 23, 2013, the Defendant received 1,500,000 won of retirement allowances from the Appointor J, the State of I restaurant. 2) On November 14, 2014, upon delegation from the Appointor, E, Plaintiff, F, G, and H, the Defendant received KRW 10,000,000 (the Appointor, E, KRW 3 million,000,000,000,000,000,000 for the deceased’s death from modern marine fire insurance.)

Around December 19, 2014, the Appointor, E, the Plaintiff, F, G, and H agreed to have KRW 10 million with the Defendant and the Appointor, and E each five million won. The Defendant only paid KRW 5 million to E.

[Reasons for Recognition] Unsatisfy, Gap 3, 4 (including virtual numbers), the purport of the whole pleadings

B. Determination 1) In addition, the Defendant is obligated to pay to the Selections 6.5 million won (1.5 million won) and to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 17, 2015 to July 22, 2015, which is the date of rendering a ruling that it is reasonable to dispute over the existence of the obligation or the scope of the obligation, from February 17, 2015, after serving a written complaint on the Selections 6.5 million won (1.5 million won) to the day of full payment. In addition, the Selections 15 million won to the Defendant on November 6, 2012.

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