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(영문) 대전지방법원 2017.09.14 2017가단210041
대여금
Text

1. The Defendants, within the scope of the property inherited from D, shall each be KRW 12,750,000 to the Plaintiff, and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff deposited the following money into the account of the next associate D.

Amounting to KRW 3,00,000 on January 15, 2014: KRW 10,000,000 on February 17, 2014; KRW 4,000,000 on February 24, 2014; KRW 3,000,000 on April 21, 2014; KRW 3,000,000 on June 20, 2014; KRW 50,000 on July 3, 3, 2014; KRW 1,000,000 on August 25, 2014; KRW 1,00,000 on September 24, 2014; KRW 1,000,000 on KRW 1,00,000 on September 24, 200; and KRW 60,605,605.

B. D died on December 20, 2016, and the Defendants were the heir of D as D’s parents. On February 28, 2017, the Daejeon Family Court was rendered an adjudication on inheritance limited approval by inheritance under the Daejeon Family Court Decision 2017Ra120.

[Reasons for Recognition] The facts without dispute, Gap 2, 3, Eul 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. In addition to the above facts, it is reasonable to conclude that the Plaintiff lent KRW 26,50,000 to D by depositing money into D’s account from January 15, 2014 to September 24, 2014.

B. The Defendants asserted partial performance (1) The parties asserted that D repaid their obligations by way of remitting the total amount of KRW 2,00,000,000 to the Plaintiff’s account on August 12, 2014, KRW 50,000 on January 27, 2016, and KRW 50,000 on April 1, 2016.

The Plaintiff, on August 13, 2014, remitted the sum of KRW 1,00,000,000 to D on October 22, 2014, and KRW 1,000,000,000, which was paid on August 12, 2014, offseted the amount of KRW 1,00,000,000, which was paid on August 12, 2014. On January 27, 2016, the Plaintiff used KRW 1,00,000,000, total of KRW 50,000,000,000, which was paid to D to the Plaintiff, and thus, it does not constitute a deduction from the instant loan.

(2) In full view of the purport of the entire pleadings in the statement in Eul evidence No. 3, D is recognized that the sum of KRW 1,00,000,000 on August 12, 2014, and KRW 2,000,000 on January 27, 2016, and KRW 500,000 on April 1, 2016, and the Plaintiff remitted KRW 50,000 to the Plaintiff’s account; and the Plaintiff transferred the sum of KRW 1,00,000 on October 22, 2014, total of KRW 1,000,000 to the Plaintiff’s account.

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