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(영문) 울산지방법원 2017.09.28 2016가단19601
대여금
Text

1. The Plaintiff:

A. Defendant B, within the scope of the deceased’s inherited property, KRW 6,66,00 and the same on December 21, 1997.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants are children of the network D (Death on July 29, 2006, hereinafter “the deceased”).

B. On December 20, 1997, the Plaintiff loaned KRW 20 million to the Deceased (hereinafter “instant loan”) as interest rate of KRW 1.5% per annum.

Then, on December 20, 1997, the Plaintiff prepared a cash custody certificate stating that “The deceased borrowed KRW 20 million from the Plaintiff for the purpose of raising the marriage expenses of Defendant C on December 20, 1997, with the interest rate of KRW 1.5% per month, and the due date for payment shall be determined and borrowed as at the time of sale of the land, E at the time of the racing-si (hereinafter “the instant land”).” (A evidence 3; hereinafter “the instant cash custody certificate”).

C. On September 24, 2004, the Deceased completed the registration of ownership transfer on September 15, 2004 with respect to one-fourths of each of the instant land to the Plaintiff and the Defendants, respectively.

The Deceased died on July 29, 2006, and the Plaintiff and the Defendants jointly inherited the Deceased.

Defendant B filed a report on the approval of inheritance with the Ulsan District Court 2006Ra794 in relation to the deceased’s inheritance of his property, and was tried on October 30, 2006.

E. The Plaintiff filed an application against the Defendants for the payment order claiming the payment of the amount corresponding to the Defendants’ share of inheritance among the instant loans, and with respect to Defendant C, the payment order (hereinafter “instant payment order”) was finalized on October 24, 2006, stating that “The Defendant C shall pay 6,66,000 won to the Plaintiff and 18% per annum from December 21, 1997 to October 9, 2006, and 20% per annum from the next day to the date of full payment, and 121,920 won per annum from the next day to the date of full payment (hereinafter “instant payment order”).

F. On the other hand, Defendant B filed an objection against the above payment order, and Defendant B filed an objection against the above payment order on May 1, 2007 at the continuing lawsuit thereafter, as the Ulsan District Court 2006 Ghana No. 11727, May 1, 2007, and Defendant B filed an objection to the Plaintiff within the scope of the deceased’s inherited property.

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