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(영문) 서울고등법원 2016.12.15 2015나32358
대여금 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 16, 2006, the deceased F (hereinafter “the deceased”) was loaned KRW 70,000,000 and KRW 50,000,00 (hereinafter “the instant loan”) with respect to G 4,054 square meters and H 1,875 square meters owned by the deceased (hereinafter “the instant land”).

B. The Deceased died on May 14, 2013, and Plaintiff B, Plaintiff C, and Plaintiff D inherited the deceased’s property.

On the other hand, the deceased has maintained a de facto marital relationship with N since 1982, and the defendant is N's shot.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 7 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the facts without dispute, Gap evidence Nos. 2-1 through 4, and the purport of the whole pleadings, it is recognized that the deceased lent 49,468,000 won out of 50,000 won loaned from the Japanese Agricultural Cooperative on October 16, 2006 to the defendant on October 19, 2006. Accordingly, the defendant is obligated to pay the above money to the plaintiffs who are the deceased's property successors in proportion to their inheritance shares.

B. On January 1, 2007 to October 14, 2009, the Defendant asserted that the Defendant agreed to pay KRW 320,000 per month interest on the borrowed money to the deceased and the above borrowed money (60,988,000 = 60,98,000 = the principal amount of KRW 49,468,000 = 320,000 with interest 320,000 with 320,000 interest x 36 months) by transferring the money borrowed from the deceased to the account of the deceased or by paying the loan of this case on behalf of the deceased to the Japanese agricultural cooperative (including each number). According to each of the statements in the evidence No. 1 (including each number), the Defendant’s account in the name of the deceased.

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