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Reasons
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(영문) 광주지방법원 해남지원 2018.04.17 2017가단1704
대여금
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1. The Defendants’ respective KRW 3,325,00 to the Plaintiff, respectively, and Defendant G from August 21, 2017, and Defendant C, D, E, and F from August 21, 2017.

Reasons

1. Facts of premise;

A. On November 15, 2012, the Plaintiff loaned KRW 45,000,000 in total, and KRW 10,000,000,00 on November 29, 2012, to J.

B. On March 7, 2017, J died, and the Defendants are the successors of J, and the Defendants’ inheritance shares are equal to 1/8, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) loaned KRW 5,000,000, in addition to the above KRW 45,000,000, to J on December 2012, 2012, the Plaintiff agreed to pay KRW 50,000,000 in total from the Plaintiff (i.e., KRW 35,000,000 on November 15, 2012) (i.e., KRW 10,000 on November 29, 2012) to pay interest calculated at the rate of KRW 6.7% on a yearly basis, and the maturity period was agreed to pay the interest calculated at the rate of KRW 6.7% on December 31, 2014.

3) In addition to the above KRW 50,000,000, the Plaintiff lent money to J several times in cash. However, on July 12, 2013, the Plaintiff paid to the Plaintiff KRW 18,40,000, which the J transferred to the Plaintiff on July 12, 2013, with interest on KRW 50,000 and interest on KRW 50,000,000, the Plaintiff did not receive the Plaintiff’s claim against K from J.

B. Defendants 1) The amount borrowed from the Plaintiff by J is in full of KRW 45,00,000 (= KRW 35,000,000 on November 15, 2012) (i.e., KRW 10,000 on November 29, 2012). (ii) The J repaid the Plaintiff KRW 18,40,000 on July 12, 2013.

3 J transferred the Plaintiff’s claim of KRW 25,00,000 to K to the Plaintiff, thereby repaying all the loan obligations to the Plaintiff.

3. Determination

A. According to Gap evidence No. 2 regarding the total amount of 1 loan on the ground of claim, the Plaintiff’s remittance of KRW 5,000,000 to L on December 20, 2012 is recognized.

However, according to the evidence No. 3, the witness L bears the testimony that he/she borrowed from the plaintiff, and according to the fact that the plaintiff filed a lawsuit against L including the claim for reimbursement of the above KRW 5,000,000 as the court 2018 Ghana30,000.

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