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(영문) 울산지방법원 2020.10.16 2019가단101778
대여금
Text

The plaintiff's respective claims against the defendants are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On September 15, 2015, E presented cashier’s checks ( check number F) with the face value of KRW 100 million issued by G on September 16, 2015.

B. The Defendants succeeded to the deceased as the spouse and children of the deceased H (hereinafter “the deceased”) who died on September 18, 2018.

[Ground of recognition] The non-contentious facts, Gap evidence 2, Eul evidence 1 of this Court, I Co., Ltd. of this Court, J Union's usual branch office of May 13, 2019, and each fact-finding reply to the KUnion Economic Branch office of June 11, 2020, witness G's testimony and the purport of the whole pleadings.

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion has been as follows: (a) the Deceased, who purchased and sold real estate to a person engaged in the construction business, etc. after remodeling, and his/her relative from June 201.

On August 15, 2015, the deceased demanded to lend 100 million won as it is insufficient to purchase real estate from the Plaintiff. The Plaintiff issued to the deceased on September 15, 2015 the above 1-A, a de facto spouse, E, a de facto spouse of the Plaintiff.

The 100 million won cashier's checks entered in the port were lent with the above money, and G, who was the partner of the deceased, presented the above cashier's checks on September 16, 2015.

On March 7, 2017, the Plaintiff borrowed 100 million won from the Plaintiff on September 15, 2015 and promised to pay the said money by December 20, 2017.

Therefore, among the above 100 million won, Defendant B, who inherited the deceased, is obligated to pay KRW 42,857,142 (10 million x 3/7), Defendant C and D respectively 28,571,428 (10 million x 2/7) to the Plaintiff.

B. We examine the Plaintiff’s lending of 10 million won to the Deceased on September 15, 2015.

First of all, there is evidence No. 1 (defluence) as direct evidence corresponding thereto, and since the Defendants are dissatisfied with the establishment of the authenticity, the seal affixed to the above payment note is the deceased, and the deceased is the deceased.

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