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(영문) 인천지방법원 2018.09.14 2017가합3259
대여금
Text

1. Defendant D’s KRW 94,285,714 to Plaintiff A, KRW 62,857,143 to Plaintiff B, and KRW 62,857,143 to Plaintiff C and each of the said money.

Reasons

1. Basic facts

A. From around October 2014 to October 2015, the deceased F (hereinafter “the deceased”) lent approximately KRW 230 million in total to Defendant D over 20 million. G, the deceased’s birth, lent approximately KRW 140 million in total to Defendant D.

B. Upon Defendant D’s request, the Deceased remitted the loan to Defendant E’s National Bank Account (hereinafter “instant account”).

C. Defendant D repaid the sum of KRW 20 million from May 2014 to February 2015.

On July 8, 2015, the deceased, G, and Defendant D agreed to adjust the existing loan obligations at KRW 350 million, and the Defendant D prepared and delivered to G a certificate of loan stating the loan principal as KRW 130 million, and around October 2015, written and issued to the deceased a certificate of loan (hereinafter “certificate of loan”) stating the loan principal as KRW 220 million.

E. On September 7, 2016, the Deceased died, and the Plaintiff A, the spouse of the Deceased, succeeded to the deceased’s property by 3/7, the Plaintiff B, and C, each of 2/7 shares.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and the result of this court's order to submit financial transaction information to Korean banks, the purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. 1) The Deceased loaned the sum of KRW 220 million to Defendant D from around October 2014 to October 2015 (hereinafter “instant loan”).

(2) The Plaintiffs, the deceased’s heir, inherited the instant loan claims against the Defendant D in proportion to their shares of inheritance. As such, Defendant D, each of the loans extended to the Plaintiff A (i.e., KRW 220,00,000 x KRW 3/7) and KRW 62,857,143 (i.e., KRW 220,000 x 2/7) and each of the loans extended to the Plaintiff B and C (i.e., KRW 220,000 x 2/7) and as claimed by the Plaintiffs on December 7, 2017, the record is clear that the date following the last delivery to the Defendants of the amendment (application for purport of a claim) as of December 12, 2017.

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