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(영문) 수원지방법원 2017.06.16 2016가단505277
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. Plaintiff 1) The deceased E (hereinafter “the deceased”).

() From April 19, 201 to September 28, 2011, the Defendants remitted total of KRW 178,271,000 to the Defendants. Of these, KRW 40,00,00, which was recognized as having been borrowed by Defendant B pursuant to the evidence No. 4 (Recording) was leased to the Defendants by the Deceased. Thereafter, the Defendants paid KRW 17,180,000 to the Deceased total from December 13, 201 to December 16, 2015. Since the Deceased was the only lineal descendant who died on January 2, 2016, the Defendants jointly and severally liable to pay the remainder of the loans to the Plaintiff (=40,000,000 - 17,18,000,000,000 and damages for delay) to the Plaintiff, the Defendants were not obligated to pay the remainder of loans to the Plaintiff, even if they were not obligated to pay the remainder of the loans to the Plaintiff.

B. Defendants 1) The Deceased and the Defendants registered the “F” in the name of the Deceased and operated the said store in the manner that the Defendants actually operated the said store. The above remittance details are merely paid by the Deceased’s business investment or distributed profits to the Defendants by paying operating expenses of the said store to the Deceased, not loans. 2) The statement to the effect that Defendant B borrowed KRW 40,000,000 from the Deceased on the record of recording, is partly lost or confused with memory due to organic solvent addiction and dementia, and even according to the above statement, Defendant B did not have a duty to pay the Plaintiff loans.

2. The Plaintiff’s assertion alone is difficult to deem that the deceased lent KRW 40,00,00 to the Defendants at any time, and how to set the due date, and each of the evidence Nos. 2 through 9 is specified.

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