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(영문) 청주지방법원 2017.11.10 2016가단115258
대여금
Text

1. The plaintiff's main claim against the defendant is dismissed.

2. Between the Plaintiff and the Intervenor of the independent Party:

Reasons

1. Facts of recognition;

A. (1) The Plaintiff and the Defendant died on December 19, 2015, the deceased and the independent party intervenor (hereinafter “participating”) and children C, the wife of which were F, Intervenor D, G, H, etc.

B. The Defendant borrowed money 1) On January 17, 2014, the Defendant received KRW 200 million (hereinafter “the instant loan”). A total of KRW 100 million on the net E’s check and KRW 200 million (hereinafter “the instant loan”).

(2) The Defendant borrowed KRW 50 million from the network E on January 17, 2015, on the basis of the net E’s request. However, the loan certificate was written as “the Plaintiff, the obligee’s interest rate 0.5% per month, and the maturity date on January 17, 2019.”

3) Around May 2015, the Defendant additionally borrowed KRW 75 million from the network E. The Defendant prepared and awarded to the network E a certificate of custody stating that “The Defendant shall temporarily keep the Edoz assets 75 million.” C. From February 2014 to January 17, 2015, the Defendant paid to the network E the interest of KRW 200,500,000,000,000 from February 17, 2015 to May 2015 (i.e., KRW 15,50,000,000,000,000,000,000,000 won from January 17, 2015 to May 2015 (i.e., KRW 2,50,000,000,000,000,000,000,000 won from January 25, 2015).

2) On November 2015, the Defendant paid KRW 15 million to the network E with the principal repaid. 3) After the death of the network E, the Defendant paid KRW 310 million to G who representing the deceased’s heir from December 2, 2015 to June 2016 (i.e., KRW 325 million - KRW 15 million). The Defendant’s share of KRW 15 million per month with respect to G who representing the deceased’s heir from December 2, 2015 to June 2016.

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