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(영문) 광주고등법원 (전주) 2018.07.12 2018나10093
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, except that the reasoning for this part is as follows: “Defendant D” of the judgment of the court of first instance as “Codefendant D of the court of first instance”; “Defendant C” as “Defendant C”; “Plaintiff F” of the judgment of the court of first instance as “Plaintiff A”; thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiffs' assertion

A. The primary cause of claim (loan): The Deceased loaned KRW 363,200,000 to the Defendant for a total of KRW 363,200,000 from January 14, 2014 to December 28, 2014 upon receipt of a request from the Defendant to lend money as construction cost for remodeling the instant Moel.

Therefore, the defendant is obligated to pay the plaintiffs, who are the inheritor of the deceased, money according to their respective shares of inheritance among the above loans.

(The plaintiff alleged that the amount lent to the defendant in the first instance trial was KRW 365,00,000, and this court reduced the amount claimed as above, but did not reduce the claim.

Preliminary Claim (Agreement on Return of Investment Money): The defendant agreed to return the investment money to the deceased even though the said money was not a loan, which was given by the deceased to the defendant.

It is clear that even if not all, 270,000,000 won was promised to return.

Therefore, the defendant is obligated to pay the plaintiffs, who are the inheritor of the deceased, money equivalent to their shares of inheritance out of the above investment money.

(Plaintiffs asserted in the first instance court as the cause of claim revocation of an investment agreement or tort by deception, and arranged the cause of claim in the trial as above). 3. Judgment

A. (1) Determination as to the primary cause of action by the Deceased is based on the Defendant’s total sum of KRW 363,200,000 from January 14, 2014 to December 28, 2014 (hereinafter “instant money”).

The facts of delivery are as shown in the facts of recognition. This case is whether the money was leased to the Defendant by the Deceased in accordance with a monetary loan agreement. 2) This court is written in this part.

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