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(영문) 서울동부지방법원 2015.11.13 2014가단53210
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. On February 2, 2012, the Plaintiff asserted that: (a) lent KRW 9 million to the deceased by remitting it to the account in the name of Nonparty deceased C (hereinafter “the deceased”); and (b) lending KRW 9 million to the deceased.

Nonparty D (hereinafter “Nonindicted Company”) lent KRW 4 million to the Deceased on April 3, 2012, and KRW 10 million on April 16, 2012, to Nonparty D (hereinafter “Nonindicted Company”). Thereafter, on September 8, 2015, Nonparty Company transferred the said claim to the Plaintiff and notified the Defendant.

Therefore, the Plaintiff has the claim amounting to KRW 23 million in total with the above loan claim and the claim amounting to the deceased. The Defendant is obligated to pay KRW 23 million in total with the Plaintiff’s loan claim and the claim amount transferred to the deceased as the sole heir of the deceased.

B. The Plaintiff transferred KRW 9 million to the account in the name of the Deceased on February 2, 2012; the Nonparty Company transferred KRW 4 million on April 3, 2012 to the account in the name of the Deceased; and KRW 16,00,000 on April 16, 2012; the Defendant, who died on August 10, 2012 and was C, died, was the sole heir of C; however, there was no dispute between the parties as to whether the Plaintiff and the Nonparty Company lent each of the above funds to the Deceased; further, the Plaintiff and the Nonparty Company did not dispute between the Parties or not; the Plaintiff’s submission of evidence Nos. 3 through 7 (including a serial number); the Plaintiff’s submission of evidence Nos. 10,11,12 and evidence Nos. 12 to the 170,000,000 won for the purpose of operating the Recycling Center to the Plaintiff and Nonparty 2,71,710,000,000 won for the Plaintiff’s name and 17.

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