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(영문) 대구지방법원 2017.07.11 2016가단31678
대여금
Text

1. The Defendant: (a) KRW 4,285,714 to the Plaintiff and KRW 5% per annum from October 20, 2016 to July 11, 2017.

Reasons

1. The parties' assertion

A. On May 2012, the Plaintiff’s wife (hereinafter “the Plaintiff”) lent KRW 40 million to the Defendant, a female student, without setting the interest rate and the due date.

The Deceased died on November 7, 2014, and he succeeded to the property of the Plaintiff, his husband, and D and E, their children.

Therefore, the defendant is obligated to pay to the plaintiff 17,142,857 won (=40 million won x 3/7) equivalent to the plaintiff's inherited shares (3/7) and damages for delay.

B. The Defendant lent KRW 3 million to the Deceased on January 21, 2005, KRW 20 million on January 4, 2007, and KRW 25 million on December 28, 2007. From January 3, 2008 to February 10, 2012, the Defendant received KRW 300,000 to KRW 50,00 per month from the Deceased’s interest payment.

On April 2012, the Defendant borrowed KRW 25 million from the Deceased to borrow KRW 15 million and leased KRW 40,000,000 from the Incheon Seo-gu F apartment 408 Dong 1302 (hereinafter “instant apartment”).

The Defendant repaid to the Deceased a total of KRW 15 million on May 29, 2012, and KRW 15 million on June 2012.

2. Determination

A. From May 2012, as to whether the Deceased lent the remainder of KRW 25 million to the Defendant except for the remainder of KRW 15 million that the Defendant acknowledged by himself/herself, it is insufficient to recognize the foregoing only by the entries of the evidence Nos. 1 to 5 submitted by the Plaintiff, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the arguments in the statement No. 2-1 and No. 2, the deceased transferred interest equivalent to KRW 1,8130,000 per month from January 3, 2008 to February 10, 2012, in total, KRW 300,000 to KRW 50,000 per month. The defendant paid every month the rent of the leased house he was dead with the money transferred from the deceased as above. Thus, the defendant received return of KRW 25,00,000 from the deceased around April 2012 as to the real estate in this case.

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