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(영문) 인천지방법원 2015.11.25 2014가단58169
대여금등
Text

1. The Plaintiff, Defendant C, and D, each of the KRW 26,00,000 and KRW 20,000,000, respectively, shall be repaid from May 20, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Deceased were married with G, which is the birth of the net F (hereinafter “the deceased”), and divorced on December 13, 2012.

B. On December 13, 2011, the Plaintiff remitted KRW 50 million to the deposit account in Defendant B’s name.

C. On July 24, 2014, the Deceased died. Defendant C and D jointly inherited the deceased’s property on September 18, 2014, subject to the adjudication on acceptance of the report of renunciation of inheritance on September 18, 2014 (Seoul District Court 2014Mo2500).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 10, and Eul No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The deceased and the defendant B were transferred KRW 50 million to the deposit account in the name of the deceased's husband as of July 24, 201 and transferred the above business to the deceased's husband as of December 13, 201 after the deceased's business registration under his name, "H," and "I," and on December 13, 201, the plaintiff transferred KRW 50 million to the deceased's husband as of December 15, 201. However, the deceased died on July 24, 2014 and his debt against the plaintiff was inherited at the heir's share of inheritance, but the above loan obligation against the deceased against the plaintiff was inherited at the rate of 1/2 of each inheritance. Accordingly, the defendant C and D are primarily liable to pay the plaintiff the amount of interest and interest in arrears at the time of the plaintiff's initial loan and interest in arrears from the plaintiff's 1.5 million.

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