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(영문) 제주지방법원 2018.07.03 2016가단17032
대여금
Text

1. Defendant (Appointed Party) and Appointed C, D, and E: (a) each of the Plaintiff KRW 250,000,000, and their amount from June 20, 2018 to July 20, 2018.

Reasons

1. Basic facts

A. A. Around August 1998, the Plaintiff filed a lawsuit claiming a loan against the deceased F (hereinafter “the deceased”) with Jeju District Court 98 Ghana52387. On March 12, 1999, the said court rendered a judgment ordering the deceased to pay KRW 20 million and damages for delay from December 24, 1989. The said judgment became final and conclusive on April 3, 1999.

B. On October 20, 201, the loan certificate of October 20, 201 (No. 10-2) and the deceased borrowed KRW 10 million from the Plaintiff on November 15, 1999 to the effect that the deceased was liable to pay the above judgment amount to the Plaintiff. The loan certificate of October 20, 201 (No. 10-1) was written in the name of the deceased.

(hereinafter referred to as “each of the instant loan certificates”) C.

Plaintiff

from the account in the name of the deceased to the account in the name of the deceased, the amount of KRW 500,000 on January 19, 2016, and the same year

6. 13. 50,000 won was deposited respectively.

The Deceased died on August 16, 2016, and his heir has C, D, and E, a sibling of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 10 (if there are provisional numbers, it shall be omitted), the purport of the whole pleadings

2. In addition to the acquisition of judgment claim amounting to KRW 20 million in accordance with the Jeju District Court loan lawsuit No. 98 Ghana52387 against the Deceased (hereinafter “instant judgment claim”), the Plaintiff’s assertion by the parties against the Deceased, as well as the acquisition of the judgment claim amounting to KRW 10 million in accordance with the loans lawsuit by Jeju District Court Decision No. 92387, Nov. 6, 1999; KRW 10 million in total; KRW 3 million in April 3, 2015; KRW 500,000 in total on January 19, 2016; and

6. 13. 50,000 won are claimed to have been lent respectively.

In this regard, the defendant asserts that, as well as the plaintiff's knowledge of the lending of the deceased, even if he lent money to the deceased as alleged, some loans have expired by prescription.

3. Determination

A. In the case of the instant judgment amounting to KRW 20 million and the instant judgment amounting to KRW 10 million as of November 6, 1999, the Plaintiff’s loan amounting to KRW 10 million from April 3, 1999 when the judgment became final and conclusive, and from November 6, 199.

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