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(영문) 서울북부지방법원 2020.02.18 2019가단11217
대여금
Text

1. The Defendants, within the scope of property inherited from the network E, shall not exceed KRW 31,309,417, respectively, and on August 2019.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 2 through 6, the following facts: (a) the Plaintiff remitted KRW 7 million to E; (b) the Plaintiff issued a cashier’s check of KRW 9 million on January 25, 2019; (c) the remittance of KRW 5 million on March 18, 2019; and (d) the remittance of KRW 41,618,835 on May 3, 2019 (for KRW 12,51,219, KRW 10,029,808, KRW 12,551,219, KRW 10,029,80, KRW 14,738,372, KRW 429,379, and KRW 5,509, etc., the Defendants’ death may be recognized as the Defendants’ heir; and (e) the Defendants’ death of KRW 41,509.

2. According to the facts of the above recognition, the plaintiff lent 62,618,835 won in total to E (including KRW 7 million in total), which is KRW 41,618,835 won in total (including KRW 41,618,835,00 in total). Thus, the defendants, the plaintiff and E, claiming that in relation to the operation of the orchard, the plaintiff and E cannot be viewed as a loan for the money that the plaintiff remitted to E, separate from seeking settlement payment upon the termination of the partnership relationship. Thus, the defendants, the plaintiff and E, are obliged to repay the above loan to the plaintiff, unless there are special circumstances.

As the Defendants asserted that the qualified acceptance was made, according to the evidence Nos. 11 (including paper numbers) of Suwon District Court on September 4, 2019, the judgment was issued that “the Defendant would accept the report of qualified acceptance on July 26, 2019, attaching the list of inherited property in the inheritance of the network E,” and the decision to correct the list of property in the same court case No. 2019 business77, Sept. 27, 2019.

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