(영문) 수원지방법원 2014.09.02 2013가합26480

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(영문) 수원지방법원 2014.09.02 2013가합26480

대여금

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1. The Defendant’s KRW 80 million to the Plaintiff and the Plaintiff’s 10% per annum from January 1, 2004 to September 2, 2014.

Reasons

1. On January 1, 2004, the Defendant prepared a loan certificate with respect to the previous monetary transaction with the deceased (hereinafter “the deceased”) stating that the Defendant borrowed KRW 200 million with respect to the previous monetary transaction with the deceased at the interest rate of 10% per annum and on December 30, 2004 (hereinafter “the instant loan certificate”).

On February 21, 2011, the deceased died, and the heir was D as the wife of the plaintiff and the deceased.

On March 11, 2011, the Plaintiff and D drafted an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) as follows:

As a result of the death on February 21, 201, the co-inheritors agreed to divide the deceased's property by dividing it into the following:

1. The deceased’s remaining properties are as shown in the annexed list;

2. The inherited property in the separate sheet will be reverted to the following division:

Attached Form

Real estate in the list 1 and deposits in paragraphs 5, 6, 10 and 12 shall be owned by D.

(b) Each real estate in Schedule 2 and each deposit in Schedule 3, 4, 7, 8, 9, 11, 13 to 17 shall be owned by the plaintiff.

3. Both parties shall cooperate with the other party, such as providing the other party with documents necessary to make registration and withdrawal from deposits, with respect to the property that belongs to the other party, as described in the preceding two paragraphs;

4. Where inherited property is omitted in the separate sheet, the deposit amount as of the date of withdrawal shall belong to D, and real estate, etc. shall belong to the Plaintiff.

5. Both parties in the future shall not raise any civil or criminal objection in connection with the inheritance, etc., in addition to the present agreement.

The loan bonds, such as the contents of the loan certificate of this case (hereinafter “the loan bonds of this case”) were not stated in the attached list attached to the agreement on division of inherited property of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of claim

A. The Parties’ assertion.

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