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(영문) 서울중앙지방법원 2016.05.17 2014가단5351589
대여금
Text

1. The Defendants: (a) to the extent of the property inherited from the network D, KRW 44,900,000, respectively, to the Plaintiff; and (b) to the extent of the property inherited from the network D.

Reasons

1. Basic facts

A. On August 13, 2009 to March 19, 2010, the Plaintiff wired the total of KRW 130 million to Nonparty E’s account in the name of Nonparty E nine times from August 13, 2009 to March 19, 2010, and wired KRW 10 million to Nonparty F’s account on May 6, 2010.

B. From August 26, 201 to October 29, 2011, the sum of KRW 15 million was three times from the account under the name of E to October 29, 201, the sum of KRW 25 million was eight times from September 24, 2009 to May 12, 201, and KRW 10 million from the Defendant C’s account to each Plaintiff.

(c) E is the Dong-nam of the network D, F is the former wife of the network D on February 11, 2009, the Defendant C is the children of the network D, and all the above accounts have been used by the network D by lending the name of the above nominal owner.

The network D died on January 12, 2014, and the Defendants, co-inheritors, as the deceased’s children, filed a report on the inheritance limited recognition as of October 26, 2015, the Daejeon Family Court’s 2015 D’s Support 2015-Ma927, and the said court rendered a ruling accepting the said report on November 5, 2015 (hereinafter “instant inheritance limited recognition judgment”).

[Ground of recognition] Facts without dispute, Gap 1 to Gap 3, Gap 5 to Gap 7, Eul 1, the purport of the whole pleadings

2. Judgment on the party's assertion

A. (1) The Plaintiff asserted as to the cause of the claim: (a) lent KRW 210 million in total to the network D by issuing multiple checks or remitting money to the above accounts used by the network D; and (b) the network D died in the status of KRW 159.8 million in principal by paying KRW 50 million among them; (c) among them, the Defendants, the co-inheritors of the network D, who are co-inheritors of the total amount of KRW 89.8 million, seek payment of money based on their respective inheritance shares, based on the explicit claim. (b) The following circumstances revealed by the underlying facts of the judgment, namely, that the Plaintiff, at the network D’s request, remitted KRW 140 million in total to the above borrowed account used by the network D; and (d) KRW 502 million in total from the above borrowed account.

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