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(영문) 수원지방법원평택지원 2015.01.28 2014가합8488
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 combination with the whole purport of the pleadings in each entry of Gap evidence 1-1-3, Gap evidence 3, and Gap evidence 4-1-6:

The network D (hereinafter referred to as “the deceased”) set the due date of repayment of KRW 50 million to the Defendant, ① around February 8, 2012, as of 15 days from the date of payment ( February 23, 2012), and ② set the due date of repayment of KRW 30 million on April 26, 2013 as of May 1, 2013; ③ around May 13, 2013, the due date of repayment of KRW 39 million was set as of May 21, 2013 and lent each of them.

(hereinafter referred to as “each of the loans in this case”). B.

On October 12, 2013, the deceased died on October 12, 2013, and the plaintiff A and the plaintiff B, who is his wife, inherited the deceased.

2. Determination on the cause of the claim

A. According to the facts found in the judgment of the plaintiffs' primary claim (i.e., judgment on the plaintiffs' primary claim), the defendant is obligated to pay the plaintiffs, the heir of the deceased, the amount equivalent to the plaintiffs' share of inheritance among each of the loans of this case, unless there are special circumstances.

The defendant asserts that the loan claims of this case were extinguished due to the repayment.

Comprehensively taking account of the overall purport of the arguments in the statement No. 1-5 of the evidence No. 1-5, the deceased deposited KRW 50 million with the Defendant’s corporate bank account on February 8, 2012 with respect to the loans as of February 8, 2012, and the Defendant deposited KRW 2 million with the deceased’s above account on February 23, 2012 (including interest KRW 2 million), and the same year.

3. 8.1 million won, and the same year.

3. The Defendant, at the request of the Deceased, deposited KRW 28.5 million from the Defendant’s agricultural bank account to the Defendant’s agricultural bank account on April 26, 2013, and deposited KRW 28.5 million from the Defendant’s agricultural bank account on April 26, 2013. The Defendant, at the request of the Deceased, deposited KRW 30 million with the Defendant’s agricultural bank account on April 30, 2013.

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