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(영문) 부산고등법원 2017.10.19 2017나53494
대여금
Text

1.In accordance with the extension and reduction of claims by this Court, the judgment of the first instance shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff, as a member of the deceased C (hereinafter “the deceased”), traded money with the deceased, and the Defendant and E are the deceased’s children.

B. The Deceased died on May 10, 2016.

On August 9, 2016, E, the inheritor of the deceased, was tried to waive inheritance to the deceased by the Ulsan District Court 2016Ra756, and the Defendant solely inherited the deceased. On October 21, 2016, the Defendant was tried to approve the inheritance of the deceased as the Ulsan District Court 2016Ra7555.

[Ground of recognition] Facts without dispute, entry of Eul in the evidence of subparagraphs 1 through 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff lent KRW 340 million to the Deceased in total, but the monthly amount received from the Deceased was interest thereon, and the Defendant, the inheritor of the Deceased, is obligated to pay the Plaintiff the above borrowed amount of KRW 340 million and delay damages therefrom. 2) The Defendant asserted that the Deceased did not borrow KRW 340 million from the Plaintiff, and that the Deceased paid the monthly amount of KRW 340 million even if he borrowed the above money.

B. Determination 1) According to the facts and circumstances described above, the Defendant, who inherited the deceased by himself and received an inheritance limited approval trial, and evidence Nos. 1 (the part of the deceased’s signature is recognized to be the writing of the deceased by the purport of the evidence No. 9-1 and No. 2, and the entire purport of the pleading, and thus, the authenticity of the entire document is presumed to have been established), Gap evidence Nos. 2 and 3 (the document’s signature is presumed to be the writing of the deceased by the purport of the whole arguments, and the following facts and circumstances acknowledged by the purport of the first instance court’s inquiry reply to the head of the Ulsan Agricultural Cooperative and the head of the Gangseo-dong Agricultural Cooperative by December 3, 2012, the Plaintiff extended KRW 30 million to the deceased by December 3, 2012, while the Plaintiff additionally lent KRW 40 million to the deceased on October 20, 2014, the interest rate shall not be determined by 24% per annum.

Therefore, there are special circumstances.

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