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(영문) 서울서부지방법원 2014.11.04 2013가합11287
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

In full view of the purport of the argument in the statement No. 2 of the evidence No. 2, the plaintiff is the relative of the deceased F, the defendants are the husband and children of the deceased, and the deceased died on March 28, 2003.

The plaintiff, on February 12, 2003, lent KRW 303,232,00 to the deceased, and the defendants asserts that as the inheritor of the deceased, the plaintiff is obligated to return the above amount to the plaintiff according to the inheritance shares.

In light of the following: (a) No. 1 (bill) deemed consistent with the Plaintiff’s assertion, the Plaintiff’s assertion cannot be admitted as evidence because there is no evidence to prove the authenticity; (b) there is no other evidence to prove the Plaintiff’s assertion that the Plaintiff lent the Plaintiff; and (c) rather, the Plaintiff is unable to submit any objective financial data to support the Plaintiff’s assertion; and (d) there is no evidence to prove that the Plaintiff asserted the above loan to the Defendants or demanded the return of the loan until the time when the instant lawsuit was filed for ten years elapsed from the date of death of the Deceased

Therefore, all of the plaintiff's claims against the defendants are dismissed. It is so decided as per Disposition.

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