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(영문) 창원지방법원마산지원 2017.11.29 2016가단105889
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 8, 1995, Nonparty F, on the part of the Plaintiff and Nonparty G, sold to the Plaintiff and Nonparty G one-fourth share of KRW 79,55 million each of the 1/4 shares in the amount of KRW 30,000,000,000,000 for the borrowed loan claim (as of January 11, 1996, the repayment period, the interest rate of KRW 1.7%) against Nonparty I (as of January 11, 1996, and the remainder of KRW 49,50,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000 won.

(hereinafter referred to as “instant sales contract”). A. (No. 3 and 4) B.

The Plaintiff filed a lawsuit against F as Changwon District Court No. 2005Gadan3133 on July 8, 1995 against F for the performance of the procedure for the registration of ownership transfer for one-fourth portion of the land before the instant partition (hereinafter referred to as “pre-trial”). The Plaintiff simultaneously performed between F and F on January 19, 206 by January 27, 2006. The Plaintiff pays F KRW 20 million to F, and F implements the procedure for the registration of ownership transfer for the part of the instant land before the instant partition.

‘Mediation' was established with the content of mediation.

(A) Evidence No. 13 (C)

On April 29, 2014, F died after having left Defendant C, D, and E, who is the wife of the Defendant B, C, D, and E as the bereaved family.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 through 4, 8, 9 and 13, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts that, on May 10, 2007, the netF received 79.5 million won as the selling price of the land before the instant partition from the Plaintiff on May 10, 2007, the Plaintiff paid 49.5 million won until April 17, 2017, and agreed to pay interest of 2% per month until that time.

B. Therefore, if there is a dispute over the existence of the original and the authenticity of the establishment of the original, and there is an objection against the other party to substitute for the original, the copy may not substitute for the original, on the other hand, the copy shall be the original.

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