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(영문) 서울남부지방법원 2016.09.22 2016가합395
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The network C (hereinafter “the network”).

(2) On September 2, 2013, the Plaintiff died on September 2, 2013, and there were D, E, F, and G with their own children, and among them, the Defendant and H were the children of E. 2) from around 1986 to the date of the death of the Deceased, the Plaintiff was in de facto marital relationship with the Deceased and was registered as a co-ownership of the Deceased, Defendant, and H (before the deceased’s death, the above female was registered as co-ownership of the Deceased, Defendant, and H; hereinafter “the instant female”).

B. On October 10, 2005, the Deceased was granted a loan of KRW 300 million from the Taecheon Saemaul Depository in the name of the Defendant, the grandchild, at an annual interest rate of KRW 6.65%, and on October 10, 2008, with a view to repaying his/her own debt on October 10, 2005 (hereinafter “instant loan”).

(2) The loan of this case began to be repaid from June 2, 2008, and around October 10, 2008, the principal of the loan of this case remains in KRW 240 million, and around August 23, 2012, the principal and interest of this case were fully repaid (total KRW 401,797,200).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, Eul evidence 15, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) at the time of receiving the instant loan under the name of the Defendant, the Deceased did not have any particular occupation, and the Defendant also did not have the ability to repay the loan to the 20 military reserve forces. The Plaintiff, as the actual owner of the instant leisure forces, was capable of repaying the loan before receiving the instant loan. On October 4, 2005 and October 10, 2008, the date of repayment of the instant loan, which is the date of repayment of the instant loan, paid by the Plaintiff to the Defendant and the Defendant for KRW 359,849,410 in total, and interest thereon, the Defendant borrowed the loan from the Plaintiff, and agreed to pay the Plaintiff in installments for five years. Accordingly, the Plaintiff and the Defendant agreed to pay the Plaintiff in installments the amount of KRW 359,849,410 in total, and interest thereon.

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