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(영문) 전주지방법원 2017.01.12 2016나717
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the

2. According to the facts found in the judgment on the cause of the claim, the Defendants, the deceased’s inheritor, are obligated to pay the Plaintiff the amount equivalent to the Plaintiff’s inheritance shares among the total amount of KRW 47,348,00 (i.e., loans No. 1 and KRW 27,348,000,000, and KRW 27,348,008, and the interest on loans No. 20,000 (hereinafter “the principal and interest on loans of this case”) and delay damages therefrom at the time of the Plaintiff’s death.

(1) The Defendant asserted that the Plaintiff borrowed the loan No. 2 from the Plaintiff. However, according to the evidence of evidence Nos. 5, 7, and 9, the amount equivalent to the loan No. 2 was deposited directly with the Deceased, or the Deceased deposited the amount equivalent to the interest on the loan No. 2 to the Plaintiff. The Defendant asserted that the Plaintiff borrowed the loan No. 36,314,930 from December 1, 201 to March 31, 201 (i.e., the interest on the loan No. 1, 214, 2000, 200, 300, 2010, 200, 200, 200, 200, 300, 200, 200, 200, 200, 200, 200, 300, 200, 200, 200, 200, 2000, 20.

According to the evidence evidence Nos. 2, 6, and 9, the deceased paid 21,214,930 won and interest 10,000,000 won for loans No. 2 as interest for loans No. 1 to the Plaintiff.

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