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(영문) 서울남부지방법원 2015.01.26 2014가단37419
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, 3, 5, and Eul evidence 1 and the entire purport of the pleadings:

Plaintiff

B transferred on November 1, 2004 KRW 20,000,000 to the Defendant’s interest bank account.

B. On December 21, 2004, Plaintiff A transferred KRW 3,000,000 to the Defendant’s interest bank account.

C. Plaintiff A lent KRW 30,000,000 on December 23, 2004 to the Defendant’s father E, and obtained from E the same day a certificate of borrowing from E to the effect that he would repay by December 23, 2005 the amount of KRW 53,00,000 (the amount of KRW 20,000,000 on November 1, 2004 above the amount of KRW 30,000,00 on December 21, 2004 above the amount of KRW 30,000,000 on December 23, 2004) calculated on December 23, 2004.

E A. On January 27, 2013, the Defendant reported on March 5, 2013 to the Seoul Family Court 2013 Madan1971, and the same year.

3. 19. A judgment was rendered to accept the report of renunciation of inheritance.

2. The assertion and determination Plaintiffs asserted that Plaintiff A lent KRW 3,00,000,000 to the Defendant on December 21, 2004, and KRW 33,000,000 on December 23, 2004, and KRW 33,00,00,000 on December 23, 204, and Plaintiff B lent KRW 20,000 on November 1, 2004.

The evidence Nos. 3, 4, 8, 16, and 17 cannot be used as evidence because there is no evidence to prove the authenticity of the evidence. Each statement of evidence Nos. 1, 2, 5, 15, and 19 is insufficient to admit the above assertion by the plaintiffs. Since there is no other evidence to acknowledge it, the above assertion by the plaintiffs is difficult to accept.

3. According to the conclusion, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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