(영문) 서울동부지방법원 2019.02.14 2018가합107457

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(영문) 서울동부지방법원 2019.02.14 2018가합107457

대여금

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1. As to each of the plaintiffs' KRW 65,00,000 and its KRW 50,000 among them, the defendant shall start on October 31, 2017, and 15,000.

Reasons

1. Facts of recognition;

A. On July 14, 2017, the deceased D (hereinafter “the deceased”) died and succeeded to the deceased. The Plaintiffs’ inheritance shares are 1/2, respectively.

B. On June 24, 2013, the Defendant prepared a loan certificate stating that “30,000,000 won from the deceased shall be interest rate of 24% per annum and shall be due on November 24, 2013 (hereinafter “30,000 won loan certificate”) and deliver it to the deceased.” (C) On April 3, 2014, the Defendant borrowed KRW 100,000 from the deceased as of September 30, 2014.

“A loan certificate of KRW 100,000 (hereinafter referred to as “the loan certificate”) was prepared and delivered to the Deceased, including the loan certificate of KRW 30,000,000,000, and the respective loan certificate of this case.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 17, the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiffs the sum of the amounts stated in each of the respective loans of this case to the plaintiffs in proportion to the plaintiffs' shares in inheritance: 65,000,000 won [=(100,000,000 won) / 2].

B. The defendant's assertion argues that the defendant paid in cash the amount of KRW 30 million on the loan certificate of KRW 30 million, and that the amount of KRW 88 million out of KRW 100 million on the loan certificate of KRW 100 million shall be paid in lieu of the defendant's transfer of KRW 40% of the E's share held by the defendant, and that the remainder of KRW 12 million shall be paid in cash.

In light of the following circumstances, it is ordinary to prepare disposal documents, such as a loan certificate, when conducting financial transactions. In this case, each loan certificate of this case was made between the deceased and the defendant. ② However, receipts, equity transfer certificates, etc. were not prepared as to the fact that payment in kind and repayment were made as alleged by the defendant, and ③ the defendant was not prepared as above.

유사 판례

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