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(영문) 의정부지방법원고양지원 2014.12.11 2013가단509794
대여금
Text

1. The defendant,

A. 12,00,000 won to Plaintiff A and 5% per annum from April 25, 2014 to December 11, 2014.

Reasons

1. Facts of recognition;

A. On January 20, 2012, E prepared and delivered a certificate of loan with the effect that “I had borrowed money in installments (20,000,000)” as of January 20, 2012, E settled the money transaction at KRW 20,000 until the time.

B. Since January 20, 2012, E deposited KRW 21,265,00 in total while continuing a monetary transaction with Plaintiff A, and deposited KRW 17,950,000 from Plaintiff A. The details are as follows: “The details of remittance from January 20, 2012 with Plaintiff A”.

If the amount of the above remittance is a small amount, and the amount considered to be the payment of interest, etc. is excluded, the Plaintiff A remitted the amount of KRW 17,950,000 to E, and E remitted the amount of KRW 17,00,000 to the Plaintiff.

C. On April 24, 2008, E transferred KRW 357,000 from Plaintiff B, and transferred KRW 930,000 to Plaintiff B on May 21, 2008, while receiving KRW 10,000 from Plaintiff B on December 4, 2009, and immediately thereafter remitted KRW 200,000 to Plaintiff B on December 4, 2009. The details are as indicated in the “the details of remittance with Plaintiff B”.

E transferred a certain amount of KRW 3,00,000 from Plaintiff C to Plaintiff C on May 19, 201, and KRW 15,000,000 on June 16, 2011, and KRW 3,000,000 on September 16, 2011, and KRW 3,000,000 on November 30, 212, while remitting a certain amount of KRW 300,000 on October 21, 201 each month to Plaintiff C, and then remitting a certain amount of KRW 300,000 on June 29, 201, KRW 10,000 on December 31, 2012, and KRW 300,000 on December 31, 2012, respectively.

E. E died on June 6, 2013, and the Defendant and F, his spouse, succeeded to E’s obligations according to statutory inheritance.

[Ground of recognition] Gap evidence 1, Gap evidence 2 to 5, Gap evidence 5-1 to 4, Gap evidence 6-1 to 4, Gap evidence 8, 9, Eul evidence 1, 4, and 5, and the purport of the whole pleadings

2. Determination

A. 1) According to the above facts of recognition, the defendant is obligated to pay to the plaintiffs an amount equivalent to 3/5 of the defendant's statutory inheritance among the net E's obligations, respectively. 2) The plaintiff A's claim.

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