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(영문) 광주지방법원 2017.04.25 2016가단5714
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the wife of the deceased F (the deceased on February 16, 2013, hereinafter “the deceased”), and Defendant C, D, and E are the offsprings of the deceased.

loan certificate : 25,00,000

B. On August 2, 2007, the Plaintiff prepared and awarded to the Deceased a loan certificate with the following content (hereinafter “the loan certificate of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3 (including each number, if any) and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff borrowed 22,200,000 won from the Deceased from around 1997 to July 1, 2010, without interest, from August 2, 2007, when the Plaintiff borrowed 22,80,000 won from the Deceased without interest, and agreed to settle the mutual financing to the time at the time, and arranged the Plaintiff borrowed 25,000,000 won from the Deceased, including the unpaid amount of 2,80,000 won, and thereafter, the Plaintiff and the Deceased borrowed 4,470,000 won from August 27, 2007 to July 1, 2010, based on the following table, the Plaintiff acquired the Plaintiff’s claim for loans from the Deceased as of July 1, 2010 (i.e., 6,007,000,000 won).

8. Amount paid by the Plaintiff to the Plaintiff on August 2, 2007. 1. 25,00,000,000 on August 27, 2007; 140,00 on September 14, 207; 140,00 on October 22, 2007; 1. 6. 0,00 on August 25, 200, 200 on June 1, 200, 200; 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 8, 200 on August 25, 200, 200; 1. 1. 1. 1. 1. 1. 1. 4, 200,00 on October 25, 2007; 1. 200 on November 25, 2007;

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