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(영문) 부산지방법원 2017.10.17 2016가단66512
대여금
Text

1. On December 11, 2017, upon arrival of December 11, 2017, Defendant B shall be KRW 18,000,000 for Defendant C, and each of the above amounts for Defendant C shall be KRW 12,00,000 for 12,000.

Reasons

1. Basic facts

A. On August 4, 2010, the Plaintiff transferred KRW 30 million to the account of the network D (hereinafter “the network”) (hereinafter “the instant money”).

B. On November 26, 2016, D died, and Defendant B inherited the deceased’s property in 3/5 shares as the wife of the deceased, and Defendant C inherited the deceased’s property in 2/5 shares as the deceased’s children.

[Ground of recognition] Facts without dispute, Gap 1's entry, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff lent the instant money to the Deceased, while the Defendants asserted that the Deceased did not borrow the instant money from the Plaintiff.

B. 1) First, as to the nature of the instant money, the foregoing evidence and the name of the deceased, which is recognized as the writing of the deceased, based on the results of a cash storage certificate, appraiser E’s stamp image, and written appraisal, and the seal impression of the deceased is affixed on that side, the entire authenticity of the document is presumed as follows: ① the amount of the money in question and the cash custody certificate prepared by the deceased is identical; ② the cash custody certificate prepared by the deceased is not separately indicated by the addressee; ② the cash custody certificate prepared by the deceased was owned by the Plaintiff at the time of the instant lawsuit, but the Plaintiff appears to have prepared and delivered the said cash custody certificate to the Plaintiff; ③ the cash custody certificate prepared by the deceased was kept by the deceased; ③ the cash custody certificate prepared by the deceased was kept by the deceased from December 11, 2015 to December 111, 2017, which appears to be a deposit of KRW 30 million,000,0000,000,000,000 won.

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