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(영문) 서울중앙지방법원 2016.12.21 2016가단5042582
대여금
Text

1. The Defendants jointly and severally pay to each of the Plaintiffs KRW 23,33,333 and each of the said money, respectively, from October 12, 2016.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant D are children of the network A, and Defendant E is Defendant D’s wife.

B. From the Plaintiff’s wife F’s account to Defendant E’s account, the amount of KRW 65 million on March 16, 2006, and the same year

4. 5.5 million won has been remitted respectively.

C. The deceased died on September 9, 2016, and at the time, there were Plaintiffs and Defendant D as their successors.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 8, 9, 10 (including provisional numbers) and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiffs alleged by the parties, March 16, 2006, and the same year

4.5. The Defendants jointly and severally borrow money transferred to each of Defendant E’s accounts. Thus, the Defendants asserted that they are jointly and severally liable for the payment of money corresponding to their respective inheritance shares among the above money to the Plaintiffs.

As to this, the defendants asserted that the above money was not paid to the defendants by the network A, and even if it was paid by the network A, it was not a loan to the defendants, but a donation.

B. According to the reasoning of the judgment of the court below, Gap 4, 7, and 14, Gap 5-1 and 2-2, the plaintiff Eul's wife F around September 23, 1997 leased the amount of KRW 55 million from the deceased, Eul borrowed KRW 35 million from the deceased, around March 20, 199, around KRW 30,000 from the above borrowed amount of KRW 15 million from the deceased, KRW 60,00,000 from KRW 15 million from the above borrowed amount of KRW 30,000,000, KRW 15,000 from the above borrowed amount of KRW 30,000,000, KRW 206, KRW 2006 from the time of the plaintiff's questioning and the whole argument.

4.3. 18,800,000 won in total,5,000,000 won to the defendants, and on the other hand, the net A shall have lent to the defendants.

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