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(영문) 대구지방법원 2018.02.01 2017나312344
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) The network E (hereinafter “the network”).

(2) On October 28, 2015, the deceased died on the part of the Plaintiff’s children and L is the Plaintiff’s children, and L is the deceased’s children. The legal heir is the Defendant B (3/7) who is the wife of the deceased, and Defendant C and D (2/7 each inheritance share) who are the children.

B. On March 31, 2011, I, while selling the Plaintiff’s land, etc. (hereinafter “instant real estate”), which was owned by the Plaintiff and keeping part of the purchase price received, deposited the deposited money in the account of F Co., Ltd. (hereinafter “Nonindicted Company”) operated by the Deceased, according to the Plaintiff’s instruction, and transferred the deposited money in the name of the Plaintiff, totaling KRW 200 million to the account of F Co., Ltd. (hereinafter “Nonindicted Company”).

C. 1) On April 9, 2014, the Deceased entered “debt repayment” as “debt repayment” and remitted KRW 200 million to the Plaintiff’s account from the Nonparty Company’s account. 2) On April 9, 2014, the Plaintiff wired the remainder of KRW 100 million to the deceased’s account in the name of the deceased, respectively.

Around December 2014, the Deceased transferred Nonparty Company to J, K, etc., and K transferred KRW 75 million of the acquisition price of shares in the name of Nonparty Company to the above L’s account among the shares of Nonparty Company. The Deceased deposited KRW 75 million on December 5, 2014 to the Plaintiff’s account.

E. Meanwhile, the Deceased transferred from February 2012 to October 2015 the Plaintiff’s account from February 725, 2012 to October 2015 to Nonparty Company’s advisory fee, etc. to KRW 1,300,000 each month.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 6 through 16, 18 (if there are serial numbers, including each serial number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, 7 through 10, the fact inquiry results against the Daegu President of the first instance court, the president of the National Bank, and the president of the National Bank, the testimony of witness I of the first instance court, the result of the plaintiff himself examination of the first instance court, the purport of the whole pleadings, as a result

2. Determination on the cause of the claim

A. The summary of the parties’ assertion 1.

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