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(영문) 수원지방법원 2017.08.18 2016가합73111
대여금
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiffs’ assertion D (hereinafter “the deceased”) had lent money to the Defendant until July 2013 while working as the Defendant’s representative director, and had not been paid KRW 830,730,041 up to now. As the deceased died, the Plaintiffs, the deceased’s heir, inherited each of the above loan claims 2/9 shares, the Defendant is liable to pay the Plaintiff each of 184,606,676 won (i.e., KRW 830,730,041 x 2/9) and damages for delay.

(b) Determination 1) Dogs, Gap evidence 1 to 7, 9, and 10 (each number is included; hereinafter the same shall apply);

According to the statement of the deceased, the deceased established the defendant company for the purpose of the commercial building lease business, etc. on or around January 26, 1988, along with the defendant's representative director E, etc., and the plaintiff's husband and the deceased's deception F, the representative director of the defendant around October 2005, who was appointed as the defendant's representative director, immediately after the deceased was appointed as the defendant's representative director, and worked until July 2013. ② The defendant company's account book stated that the amount of the deceased's provisional deposit liability against the deceased is 830,730,041, ③ The deceased died on July 26, 2013. The deceased's heir of the deceased did not receive KRW 2/90,000,000 from the deceased's wife's account book and paid KRW 70,000,000 to the plaintiff's 10,000,000,000 won.

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