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(영문) 서울서부지방법원 2017.08.30 2016가단33427
대여금
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) lent KRW 25,00,000 to the Defendant as of March 16, 2010 by the due date until December 30, 2010. ② Around April 7, 2010, the due date for repayment was extended to KRW 10,000,000 as of December 30, 200 (hereinafter “each of the instant loans”).

B. On May 15, 2016, the Deceased died, and his heir has the Plaintiff, D, and E, a lineal descendant of the Deceased.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including the serial number), the purport of the whole pleadings

2. Determination

A. According to the facts and evidence revealed prior to the determination as to the Plaintiff’s cause of claim, the deceased lent a total of KRW 35,00,000 to the Defendant, and the deceased’s inheritors may recognize the fact that the deceased agreed on the division of inherited property with the content that the Plaintiff independently owns each of the loans of this case. Thus, the Defendant is obliged to pay the Plaintiff KRW 35,00,000 and delay damages therefrom, barring special circumstances.

B. As to the defendant's argument, the defendant asserts that since the deceased exempted the defendant from each of the loans of this case, the defendant has no obligation to pay each of the loans of this case to the plaintiff.

Although there was no agreement between the deceased and the defendant that they exempted the obligation of each of the loans of this case, the above evidence, Eul evidence Nos. 1 through 11, and the witness F’s testimony as follows: ① the defendant was a caregiver since 2009, and ② on October 4, 201, the deceased was a caregiver, and ② on October 4, 201, the deceased was 40,000, G202 (hereinafter “the real estate of this case”) of Eunpyeong-gu Seoul from F to 300,000,000 won and resided in the above real estate. The defendant was able to do so.

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