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(영문) 인천지방법원 2020.10.15 2019가단10353
차용금
Text

The defendant shall pay to the plaintiff 12,22,22 won and 15% per annum from November 23, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The deceased B (hereinafter “the deceased”) is the husband of D, who is the plaintiff, E, and the father of the defendant.

The Deceased died on November 29, 2017, and there are D(3/9’s inheritance), the Plaintiff (2/9’s inheritance), E (2/9’s inheritance), and the Defendant (2/9’s inheritance) as the inheritor of the Deceased.

B. Around November 22, 2013, a loan certificate was drawn up in the name of the Plaintiff and the Deceased with the following content:

The creditor of the certificate of loan: A(Plaintiff) debtor: The amount of money borrowed in excess of the amount of money borrowed in excess of the amount of money borrowed in full, and plans to repay as follows:

1. The repayment date of principal and interest;

(a) Amount borrowed: 10 million won per annum; and

(b) The balance of obligations that shall pay interest at a rate of 15% per annum on borrowed amounts: A plan to repay the balance of obligations in the amount of Ocheon,000,000: December 31, 2016: To pay the above amount at the time of trading in the Seo-gu Incheon Metropolitan City.

Provided, That the amount of debts shall be repaid by December 31, 2016 at the time of non-trade for three years.

November 22, 2013

C. On November 22, 2013, the Plaintiff transferred KRW 55,000,000 to the account in the name of the Deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 55,000,000 to the Deceased.

The Plaintiff’s loan claims against the deceased upon the death of the deceased shall be inherited according to D’s 3/9, E 2/9, and the Defendant’s 2/9’s share of inheritance. The Defendant is obligated to pay to the Plaintiff 12,22,222 won (5,00,000 x 2/9) and damages for delay agreed upon to the Plaintiff, excluding the amount of claims extinguished as a result of confusion against the Plaintiff, who is a co-inheritors.

B. The Defendant’s above loan certificate under the name of the Deceased was forged.

The deceased did not have any reason to borrow money from the plaintiff, and the deceased cannot respond to the plaintiff's claim because he did not lend money.

3. Determination

A. No. 1, which is presumed to have been established due to the lack of dispute that the seal is based on the seal of the deceased, and there is no special counter-proof to deny the establishment of the said seal.

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