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(영문) 서울남부지방법원 2020.09.01 2020가단4007
대여금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On October 27, 2015, Plaintiff A remitted KRW 10 million to the Defendant.

E transferred to the Defendant, KRW 10 million on November 16, 2015, KRW 10 million on November 27, 2015, KRW 3.5 million on December 31, 2015, KRW 3.5 million on January 29, 2016, KRW 3.00 million on July 25, 2016, KRW 50 million on November 21, 2016, and KRW 40 million on December 27, 2016.

B. E died on January 20, 2020.

Plaintiff

C is the wife of E, and the plaintiff A and B are children of E.

The defendant is E's Chok.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the plaintiffs' assertion was that the defendant borrowed KRW 10 million from the plaintiff A, and KRW 40 million from E.

Therefore, the defendant should pay to the plaintiff C KRW 17,142,858 (=the above KRW 4,000 x the plaintiff C’s share of inheritance 3/7), KRW 21,428,571 [the above KRW 40 million (the share of the plaintiff x the share of inheritance 2/7) lent by the plaintiff A], KRW 11,428,571 (=the above KRW 40 million x the share of the plaintiff 40 million x the share of inheritance 2/7) and delay damages.

B. Determination 1) The Plaintiff remitted KRW 10 million to the Defendant on October 27, 2015, and the fact that E remitted KRW 40 million to the Defendant on seven occasions from November 16, 2015 to December 27, 2016 is as seen earlier. However, in full view of the following facts and circumstances recognized by comprehensively taking into account the entries in subparagraphs 1 through 8 and the entire purport of pleadings, it is insufficient to view that Plaintiff A or E lending the said money to the Defendant solely based on the facts in subparagraph 1 above, and thus, the Plaintiffs’ assertion cannot be accepted. A) The Plaintiff, E and the Defendant did not prepare a loan certificate, etc.

In addition, there is no evidence that the Defendant paid interest to the Plaintiff A or E.

B. The Defendant recommended that the Plaintiff “F” company “F” invested KRW 50 million in the Defendant, but the Defendant refused to pay money.

Plaintiff

A When investing with a loan, the plaintiff A shall pay interest.

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