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(영문) 수원지방법원 2018.10.18 2017가단38293
대여금
Text

1. The Defendant: (a) against Plaintiff B, KRW 30,00,000, KRW 20,000, KRW 20,000, and each of the said amounts, respectively, to Plaintiff C and Plaintiff D.

Reasons

1. Basic facts

A. The network A (hereinafter “the network”) remitted KRW 30,000,000 in total to the Defendant’s National Bank account in F, which is the Defendant’s leakage, and KRW 10,00,000 on February 6, 2015, and KRW 30,000,000 on May 13, 2015, respectively.

B. From September 11, 2014 to February 11, 2015, the Deceased’s 450,000 won each month (Provided, That on January 2015, 9) from the F’s above account, and the same year as March 16, 2015.

4.15. 15. and the same year.

5. Each transfer of KRW 600,000, and KRW 1,050,000 each for the period from June 15, 2015 to December 17, 2015, and KRW 1,050,000 each for the period from February 5, 2016 to December 17, 2015, and KRW 50,000 each for the period from February 5, 2016 to May 4, 2016.

C. Meanwhile, on April 1, 2018, the Deceased died after having left Plaintiff B, Plaintiff C, and D, who are his wife, as his wife. The Plaintiffs’ share of inheritance is 3/7, Plaintiff C, and D respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. Upon the request of the Defendant, the Plaintiffs: (a) lent the sum of KRW 70,00,000 (hereinafter “the instant money”) to the Defendant’s or F account on August 11, 2014; (b) KRW 10,000,000 on February 6, 2015; and (c) KRW 30,000,000 on May 13, 2015, by means of remitting each of the amounts of KRW 30,000 (hereinafter “the instant money”) to the Defendant’s or F account; and (d) lent the amount to KRW 1.5% on a monthly basis; and (e) a year of maturity.

Therefore, the defendant is obligated to repay the above loans and interest thereon according to the inheritance shares of the plaintiffs, who are the inheritor of the deceased.

B. Around 2011, the Plaintiff invested KRW 125,00,000 in “H” as well as the Defendant’s private business chain operated by Nonparty G, and received full reimbursement of the principal and interest on investment by December 31, 2013 through Defendant P or F account, an investor.

After that, the Plaintiff, while converting G into H (hereinafter “H”) a private business entity H (hereinafter “H”), decided to make an investment in H in the Defendant’s detention in the first place in 2014, and invested the instant money four times through the F account.

However, the plaintiff suffered a fire in the plant around 2016 and there is a bid.

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