logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.07.20 2015가합45454
대여금
Text

1. The defendant shall pay 250,000,000 won to each of the plaintiffs and 15% per annum from September 9, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiffs are children of the network D (hereinafter “the deceased”), who are legal successors of the deceased, and the defendant are children of E in de facto marital relationship with the deceased.

B. The Deceased remitted to the Defendant the sum of KRW 200 million on March 19, 2012 and KRW 500 million on April 3, 2012 (= KRW 200 million).

C. The Deceased died on May 17, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs' assertion 1) The deceased borrowed KRW 500 million to the defendant by using only one month of the plaintiffs and paying the loan. Thus, the defendant is obligated to pay the above loan to the plaintiffs who are the inheritor of the deceased. The above KRW 500 million is the deceased's donation to the defendant as business fund, and it is not the loan.

B. Determination 1) In full view of Gap evidence Nos. 3 and 5, witness F’s testimony and the purport of all the arguments, the deceased borrowed each amount of KRW 250 million on March 19, 2012, and KRW 260 million on April 2, 2012, and the deceased loaned each amount of KRW 200 million on the condition that the Defendant paid interest on the above loans, the deceased lent the sum of KRW 20 million on March 19, 2012, and KRW 50 million on April 2, 2012 to the Defendant. Accordingly, the testimony of the witness E against this point is not believed. Accordingly, the Defendant is liable to pay KRW 250 million on the following day to the Plaintiffs, who are the inheritor of the deceased, as per the annual interest rate of KRW 1/200,000,000,000,000,000,000,000,000.

3. Conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.

arrow