logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2014.08.27 2014가합3596
대여금
Text

1. The Defendant from December 15, 2010 to Plaintiff A, as to KRW 36,66,66, and KRW 24,44,44, and each of the said money.

Reasons

1. Basic facts

A. D transferred 40 million won to the Defendant on November 7, 2003 of the defect that the Defendant, his father, was insufficient to pay the full-time charter money.

B. On December 28, 2006, D again remitted KRW 70 million to the Defendant. On November 7, 2003 of the same day, the Defendant prepared a promissory note with the payment date as of November 30, 2008 (hereinafter “instant promissory note”) and delivered it to the addressee D.

C. In addition, D additionally remitted to the Defendant KRW 94 million on June 1, 2006, KRW 10 million on December 29, 2008, KRW 300,000 on August 3, 2009, and KRW 94 million on October 7, 2009.

D The D died on December 15, 2010, and D's heir is the Plaintiff B, Defendant B, and E, the wife.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion D has lent a total of KRW 24 billion to the defendant from November 7, 2003 to October 8, 2009, but failed to be paid for it. Accordingly, the defendant is obligated to pay the plaintiff A, who is the wife of D, KRW 67,99,99,99 according to his share of inheritance (=2.4 million x 3/9), KRW 45,333,32 won (=2.4 million x 3/9) to the plaintiff who is the plaintiff, who is the plaintiff, and the delay damages.

3. Determination

A. It is reasonable to view that D, on December 28, 2006, remitted the sum of KRW 110 million to the Defendant from November 7, 2003 to December 28, 2006, and that D, on December 28, 2006, issued the Promissory Notes to D with respect to the above KRW 110 million on December 28, 2006, as seen earlier, D lent the sum of KRW 110 million at the face value of the Promissory Notes to the Defendant on December 28, 2006.

Therefore, the defendant, as the wife of D, KRW 366,66 (=10 million x KRW 3/9, but less than KRW 300 million) to the plaintiff as the wife of D, and KRW 24,444, and KRW 444 x KRW 10 million to the plaintiff as the children of D.

arrow