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(영문) 서울서부지방법원 2018.12.13 2018나37356
대여금
Text

1. The appeal by the plaintiff (appointed party) and the appointed party is dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. A. Around June 2010, the Defendant leased and resided in the deceased H (hereinafter “the deceased”) and the first floor of the Seoul Special Metropolitan City Gwangjin-gu I Housing (hereinafter “I Housing”) located in the name of the Appointed E (hereinafter “I Housing”).

B. On July 8, 2011, the Defendant purchased JBC 402 (hereinafter “JB”) from Gwangjin-gu, Seoul (hereinafter “JB”) in KRW 300 million and completed the registration of ownership transfer on August 18, 201. The Deceased paid KRW 100 million to the Defendant on July 26, 201 or July 27, 2011.

(F) On July 26, 201, KRW 100 million was withdrawn from the deceased’s account, and KRW 100 million was deposited into the Defendant’s account on July 27, 2011. Meanwhile, on August 30, 2011, the Defendant moved-in report of the Plaintiff’s account into JJ Lending around 30, 201.

C. On November 24, 2011, the Deceased died. D, a spouse, succeeded to the Deceased’s share of 3/11 shares, E, F, G, and Plaintiff (hereinafter “Plaintiff”) 2/11 shares, respectively.

On March 6, 2013, the Defendant’s spouse K sold the Seoyang-gu L Apartment 220 Dong 507, J., and the Defendant paid KRW 20 million to the Appointor D around April 2013.

E. The Defendant has paid KRW 200,000 per month to the designated party D from August 2012 to December 2017.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 (including paper numbers), Eul 2, 5, 6, 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion: (a) around July 201, the Defendant borrowed KRW 100 million from the Deceased to use it as the purchase fund of JBD; and (b) paid interest of KRW 300,000 per month; and (c) paid the said money within three years immediately or late after the liquidation of the real estate owned by the Defendant.

Since the defendant paid 20 million won out of loans even after 7 years have passed since he arranged Sungnam House and 7 years have passed, he/she should pay the agreed interest to the plaintiff and the selected parties, who are the inheritor of the deceased, until he/she has paid 80 million won out of the remaining loans divided by inheritance shares.

B. Defendant’s assertion

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