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(영문) 대전지방법원 2017.11.03 2016가단36628
대여금
Text

1. The Plaintiff, Defendant B, and Defendant C, D, and E, respectively, and each of the said money on December 20, 2016, respectively.

Reasons

1. Basic facts

A. The Plaintiff is the friendship of F, who died on November 2013 (hereinafter “the deceased”). Defendant B is the deceased’s spouse, Defendant C, D, and E. The deceased’s children.

B. From April 25, 2008 to December 24, 2010, the Plaintiff deposited KRW 24,100,000 in the account in the deceased’s name as follows:

(hereinafter referred to as “the details of deposits on the network,” and each content is specified as number 1) April 25, 2008, 2008 (2) KRW 1,000,000 on December 4, 2008) 3) February 17, 2009, KRW 4,600,000 on July 19, 2010 (5), KRW 5,000,000 on September 5, 2010)

C. On the other hand, on the other hand, around December 24, 2010, the Plaintiff drafted a certificate of borrowing between G and G stating, “The Plaintiff, the borrower, shall borrow KRW 30,000,000 from creditors G on September 30, 201, interest rate of KRW 250,000 per month, and interest payment date of KRW 25,00 per month (hereinafter “the instant certificate of borrowing”).”

From January 27, 2011 to October 30, 2013, the Deceased paid KRW 22,750,000 as follows: (a) from January 27, 2011 to October 30, 2013:

(1) On January 27, 201, 201, KRW 250,00 ( KRW 2,50,000) KRW 3,50,00) on March 14, 2011; and (2) on May 25, 2011, KRW 40,000 ( KRW 50,00) on June 25, 2011, KRW 30,000 ( KRW 6,00, KRW 1,000) on April 8, 2012, KRW 1,00,000 ( KRW 7,00,000, KRW 1,000) on KRW 1,00,00, KRW 1,000) on May 17, 2011; and (3) on KRW 1,00,00, KRW 308,01 on August 27, 2001) on which no dispute exists.

each entry, the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff asserted that: (a) lent KRW 24,100,000 to the Deceased; (b) lent KRW 30,000,000 from G to the Deceased upon the Deceased’s request on December 24, 2010; and (c) lent it to the Deceased as indicated in the instant loan certificate; and (d) on June 2, 201, the Plaintiff lent KRW 15,000,000 in cash.

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