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(영문) 서울북부지방법원 2015.12.15 2015가단4150
상속채무금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion and judgment

A. The gist of the Plaintiffs’ assertion is the relationship between the deceased E (hereinafter “the deceased”) and the deceased on August 21, 2014.

Plaintiff

A transferred to the Deceased on December 9, 2013, KRW 2 million, and KRW 5 million on January 14, 2014 to the Deceased’s account.

Plaintiff

B transferred KRW 10 million to the deceased on September 1, 2009, and KRW 14.1 million on January 14, 2014 to the deceased’s account, and lent KRW 1.5 million on January 6, 2014 to the deceased’s account. The deceased’s hospital fee was approved by the Plaintiff’s credit card, and paid KRW 2.9 million on the deceased’s funeral expenses.

Therefore, the Defendants, the inheritor of the deceased, should pay to the Plaintiff A the sum of KRW 7 million in total and KRW 24,490,000 in total and damages for delay.

B. According to the purport of each of the statements and arguments set forth in subparagraphs 4 through 11, Plaintiff A transferred KRW 2,00,000 to a bank account under the name of the deceased on December 9, 2013, KRW 5,000,000 on January 14, 2014, Plaintiff B transferred KRW 1,000,000 to the above bank account, KRW 1,14,000 on January 14, 2014, and paid KRW 1,50,000,000 to the above Plaintiff’s credit card on January 6, 2014, and paid KRW 2,99,000 in total for funeral expenses of the deceased.

However, even if there is no dispute as to the fact that the funds are received between the parties, the plaintiff asserts that the cause of receiving the funds is a loan for consumption and that when the defendant asserts that the funds were received as the cause of the loan for consumption. In light of the above legal principles, the plaintiff asserts that the funds were received as the cause of the loan for consumption. In light of the above legal principles, the following circumstances, i.e., the evidence submitted by the plaintiff and the defendant as to the instant case and the evidence revealed through the whole purport of the pleading, i.e., the loan certificate, etc., to support that the funds are received as the loan agreement,

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