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(영문) 전주지방법원 2016.01.19 2014가단26738
대여금 등
Text

1. The Defendant’s KRW 5,00,000 as well as 5% per annum from August 28, 2014 to January 19, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 12, 2014, the Defendant, at around 12:50 on April 12, 2014, killed a knife with a knife (30.5cm in total length, 19cm in width, 4cm in width) of the Deceased’s chest part, and was sentenced to a conviction of 15 years for murder on December 18, 2014, and is currently serving a prison term.

B. The plaintiff, through D, the deceased's words on January 29, 2008, 20,000 won, and 5,00,000,000 won on February 24, 2010; and

3. 24.3,00,000 won, and the same year.

4. 13.1,00,000 won, and the total amount of KRW 67,000,000 on July 5, 2010, including KRW 25,000,000 on July 5, 2010, and KRW 25,000,000 on July 1 of the same year = 20,000 won in 3,000,000 won in 13,700,000 won in 25,000,000 respectively, each of the above loans was delivered to the Defendant via the Deceased.

C. On June 5, 2013, the Defendant used each of the above funds borrowed from the Plaintiff as operating expenses of his own veterinary hospital, etc., and repaid 36,000,000 won out of the above borrowed principal and interest to the Plaintiff.

On the other hand, the Plaintiff and Nonparty E are the parents (parent parents) of the Deceased, and the above E transfers the Defendant’s consolation money claim to the Plaintiff on December 1, 2014, and the same month.

9. The defendant was notified of this.

【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence Nos. 1, 5, 8 through 12, 15, 17 through 19, Eul’s evidence No. 1, part of Gap evidence No. 7, and the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged as above, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 31,000,000 (=67,000,000 - KRW 36,000,000) and delay damages therefrom.

Furthermore, the Plaintiff, through the Deceased and the Deceased, additionally lent KRW 5,00,000,000 to the Defendant on April 5, 2008, and KRW 20,000,00 on June 13, 2013, respectively. Since each of the above amounts was used as the living expenses of the Deceased’s husband and wife or as the Defendant’s business funds, the Defendant is the borrower or jointly and severally with the Deceased in accordance with the legal doctrine of daily home sales agent.

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