logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.07.17 2017가합60818
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 310,00,000 as well as the full payment from April 13, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 17, 2010, C, who died on June 7, 2011, drafted a loan certificate stating that “I will borrow and repay the said amount from August 17, 2010 to January 17, 2011” to the Plaintiff.

(hereinafter “the loan certificate of this case”). B.

According to the above loan certificate, the Plaintiff paid C a total of KRW 310 million on August 17, 2010, KRW 120 million, KRW 100 million on September 1, 2010, and KRW 310 million on October 14, 2010.

C. At the time of C’s death on June 7, 201, the heir was born between C and C, the Defendant, and C, and the Defendant, but the Defendant and D filed a declaration of renunciation of inheritance on August 25, 201 with the former District Court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’

On May 7, 2012, the Defendant completed the registration of creation of a mortgage (hereinafter referred to as the “mortgage”) with respect to the Plaintiff on May 7, 2012, with respect to each real estate listed in the separate sheet (a list of real estate) (hereinafter collectively referred to as the “real estate”). The registration affairs at the time delegated the same time to a certified judicial scrivener I, who was directly issued by the Defendant on the same day, to the effect that the establishment of a mortgage was completed with respect to the instant real estate (hereinafter referred to as the “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1 through 5 (including a tentative number, unless the tentative number is specifically indicated; hereinafter the same shall apply), and the purport of the whole pleadings

2. The summary of the parties' assertion (1) The plaintiff asserts that, since the defendant decided to repay C's obligation on behalf of the defendant, the plaintiff is obligated to pay 310 million won and damages for delay from the day following the due date for payment. (2) The defendant waives inheritance.

arrow