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(영문) 울산지방법원 2018.01.17 2017나21787
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The judgment of the court of first instance is ordered.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendants for the repayment of unjust enrichment with the primary claim, and the Plaintiff filed a claim for the payment of inherited claim according to the inheritance shares as the heir of the deceased L (hereinafter “the deceased”). An independent party intervenor (hereinafter “the Intervenor”) asserted that the Deceased lent money to the Defendants, not the Plaintiff, and that the Intervenor, who is the heir of the Deceased, has a loan claim against the Defendants, and filed a lawsuit for intervention by an independent party.

The first instance court dismissed the Plaintiff’s primary claim against the Defendants, the first preliminary claim against the Defendants, the second preliminary claim against the Defendants, and the second preliminary claim against the Intervenor against the Defendants B, and accepted only the Plaintiff’s second preliminary claim against the Defendant C and the Intervenor’s claim against the Defendant C. However, only the Plaintiff appealed the first instance court’s primary claim and the first preliminary claim against the Defendants.

Therefore, the subject of this Court’s judgment is limited to Plaintiff’s claim for loans and the claim for return of unjust enrichment against the Defendants, and the Intervenor’s claim against the Defendants is also subject to this Court’s judgment to the extent that it is deemed necessary to determine the unity (see, e.g., Supreme Court Decisions 2009Da71312, Nov. 13, 2014; 2006Da86573, Oct. 26, 2007). 2.

A. The Defendants are married with the Plaintiff, the Intervenor D, E, F, and M are siblings of the Deceased (P and the same person, death on December 13, 2014), and the Intervenor G, H, I, J, and K are M’s children, and the Plaintiff and the Intervenor are the inheritors of the Deceased.

B. On August 23, 2011, the Plaintiff borrowed KRW 120,000,000 for a regular deposit under the name of the Plaintiff from community credit cooperatives as collateral, and on the same day, remitted the amount to Defendant B’s account. Defendant C borrowed the above amount on December 6, 201, as follows.

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