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(영문) 부산지방법원 2017.08.29 2015가단243114
대여금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The network I, and the network J will be the one of the SeaJ, inter alia, between South and North.

Plaintiff

A as the husband, Plaintiff B, and D of the network I, the heir of the network I, and Defendant E is the deceased J's wife, Defendant F, G, and H as the child of the network J.

On October 4, 2005, the network I withdrawn KRW 40,000,00 from the account of Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”).

Plaintiff

B on November 28, 2005, transferred KRW 1,000,000 to Defendant E’s account (Seoul Bank, Account Number: K) and KRW 5,000,000 to Defendant E’s above account on December 1, 2015, respectively.

The network I died on April 9, 2007.

Defendant E transferred KRW 20,00,000 to the Plaintiff’s account on July 19, 2012.

The Network J died on March 2, 2015.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 4, and 7 were written, each fact fact fact inquiry conducted by the court on August 1, 2016, each fact inquiry conducted by Gyeongnam Bank Co., Ltd. on September 8, 2016, and each fact inquiry conducted by the court on September 8, 2016, the purport of the whole pleadings, and the plaintiffs' assertion that the plaintiffs' assertion was made on October 27, 2005, and died without being paid back to the GJ, who is the birth.

The Plaintiffs, the heir of the deceased I urged the deceased J to pay the above amount, and on September 19, 2012, the deceased J paid KRW 20 million to the Plaintiff L on September 19, 2012, the principal was appropriated in sequence with interest and principal accrued up to that time, and the principal was 40,738,438 won.

Since then the deceased J also died, the Defendants, their successors, are obligated to pay the principal and damages for delay of the above loan to the Plaintiffs according to their respective inheritance rates.

(Specific Calculation and Claim Details are as shown in the separate sheet of inheritance shares calculation, and the plaintiffs claim KRW 40,738,086, which is part of the above KRW 40,738,438,08). The fact that the network I and the network J are the remaining wholesalers, that the network I withdrawn KRW 40,000,000 from their own account in Korea Savings Bank on October 4, 2005, and that the plaintiff Eul withdrawn KRW 40,00,000 from its own account in Korea Savings Bank on November 28, 2005.

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