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(영문) 서울북부지방법원 2018.10.18 2018가합20013
대여금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The main point of the plaintiffs' assertion D (hereinafter "the deceased") lent KRW 400 million to "E", a company operated by the defendant, and the deceased died on March 31, 2009 and the deceased's heir, including the plaintiffs, inherited the above loan claims in proportion to their respective inheritance shares, and the plaintiff A acquired shares in F and G in succession with respect to the above loan claims. As a result, with respect to the above loan claims, the plaintiff A acquired shares in F and G in order.

Therefore, the defendant is obligated to pay to the plaintiff A 208,312,630 won (=400,000,000 won) x 3,117,229,625,985,675,675,693, and 95,843,684 won (=40,000,000 won x 1,434,223,034/5,985,675,693) and delay damages for each of the above amounts.

2. The following circumstances and legal principles, i.e., a loan certificate or receipt supporting the lending of the plaintiffs' assertion, and there is no evidence to prove the fact that the deceased and the defendant received money. ② there is no evidence to prove that the deceased had been provided with personal and material security to secure the return of the loan from the defendant. ③ The above circumstances are difficult to easily understand in light of the fact that the loans of the plaintiffs are large amount of loans, ④ the plaintiffs merely asserted that they lent KRW 400 million to the defendant (E). ⑤ The facts that the deceased merely did not disclose the lending date, interest rate, maturity, etc. ⑤ The facts that the deceased's claims for the loans were stated with the deceased's inherited property in the adjudication on division of inherited property (Evidence A No. 1) among the deceased's successors, but this is not recognized by any objective evidence, but merely recognized by the deceased's heir's statement just because the deceased's heir's statement was consistent with the deceased's heir's statements.

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