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(영문) 광주지방법원 2018.11.28 2017가단520852
대여금
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The Plaintiffs are the successors of the deceased F (Death on August 6, 2017, hereinafter “the deceased”).

B. From August 4, 2008 to September 23, 2015, the Deceased transferred the total of KRW 70,000,000 as indicated below to Defendant D’s account, and lent it to the Defendants.

Therefore, the defendants are jointly and severally liable to repay the above loans.

(State Claim) . Amount of transfer (won) 2015-09-23 6,00,000 2015-09-23 6,000,00 2014-230,006-17 30,000, 2014-00 30,000 2014-03-21 5,000,000 2013-07-232,000,000, 2000 203-232,000,000,000 5,000 5,000 202-03-105,03-105,000 203-10,000, 500,000-10, 2008-110-10, 000, 2008-300

C. If the above money is not a loan, the defendant D acquired the deposit claim by account transfer even though there is no legal relationship that caused account transfer from the deceased, and the return of the deposit claim is refused. Thus, it constitutes embezzlement.

In addition, Defendant E uses the passbook of Defendant D for the purpose of deceiving the deceased’s money, so he should be held liable as a joint tortfeasor.

Therefore, the defendants are jointly and severally liable to pay the above money to the plaintiffs.

(Preliminary Claim, the Plaintiffs asserted the same in the application form for modification of the claim and the cause of the claim made on July 13, 2018. Although the purport of the claim is not clear, in light of the purport of the claim that is held jointly and severally liable by the Defendants, they would be entitled to compensate the Defendants for the conjunctive tort. Also, the claim for return of unjust enrichment claimed by the Plaintiffs in the complaint is deemed to have been withdrawn.)

Defendant E made a monetary transaction with the deceased using the account of Defendant D, a South-North Korea.

From the account of the Defendants, money was transferred to the Deceased as follows:

Date (won) November 20, 2008 5,000,000 on July 31, 2009

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