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(영문) 서울동부지방법원 2018.07.18 2017나23907
대여금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added at the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Summary of the plaintiff's assertion

A. On the other hand, around September 201, the Plaintiff agreed to receive 1% interest per month from D and lent money on several occasions. On July 18, 2012, the Plaintiff drafted a real estate sales contract stating that the aforementioned settlement amount was paid as down payment, by settling the loan up to that time with D at KRW 540,00,000 (hereinafter “first settlement”) and providing the building and site for “Iel” located in the name of the Defendant B as payment in lieu of payment.

On or before March 29, 2014, the Plaintiff again agreed to repay the loan amount of KRW 400,000,000 (hereinafter “the second settlement”) to the end of September 2014, and thereafter D repaid the loan amount of KRW 220,000,000 ( KRW 10,000,000 around March 31, 2014) to the Plaintiff on or around July 31, 2014 ( KRW 10,000,000 around July 31, 2014).

Since September 22, 2014 and early October 2014, D returned to the Plaintiff that the loan remaining twice was KRW 180,000,000 (after this, D repaid KRW 10,000 to the Plaintiff around October 20, 2014) (hereinafter “third settlement” and “fourth settlement”).

However, D died on October 24, 2014. The Defendants, as D’ inheritors, are obligated to pay to the Plaintiff the balance of KRW 170,000,000 on the basis of the fourth and fourth settlement ( KRW 180,000,000 on October 20, 2014, KRW 10,000 on the repayment amount of KRW 10,000 on October 20, 2014) with the share of inheritance (spouse, 3/5), Defendant C is obligated to pay the Plaintiff the amount of KRW 68,00,00 (i.e., 2/5) and damages for delay.

B. Preliminaryly, the Plaintiff loaned money to D several times from September 201 to September. 201. The remaining loans are KRW 213,210,835 as indicated in the column for the remaining principal of loans in the separate sheet of appropriation of transactions.

In addition, the plaintiff's amount of KRW 540,00,000 between D and D at the time of the first settlement.

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