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(영문) 광주지방법원 순천지원 2018.05.09 2015가단17283
대여금
Text

1. The Defendant-Counterclaim Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 12,857,142, Defendant-Counterclaim Plaintiff C, and D respectively.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the retail business of fishery products while operating E, and the Defendants are the successors of the networkF (hereinafter “the network”).

(B) Defendant B’s spouse, Defendant D, and C are the deceased’s children).

On August 9, 2013, the Plaintiff prepared a loan certificate with the following content as follows:

(Baer means the Deceased, and detailed contents are as follows: (1) 30,000,000 of the loan certificate 30,000,000 shall be borrowed in advance, and the due date shall be June 30, 2014.

The borrower shall repay by putting 40 Do governor and shall not sell it to other persons.

[Ground of recognition] A without dispute, entry of evidence No. 1, result of appraisal of appraiser G by this court, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the deceased did not pay the amount of KRW 30 million to the plaintiff under the pretext of advance payment. Thus, the deceased's heir, who is the deceased, is liable to pay it to the plaintiff.

As to this, the Defendants asserted that the advance payment paid by the Plaintiff was entirely deducted from the price of goods supplied by the deceased. Rather, the Plaintiff did not pay 48,95,000 won in total to the deceased. Thus, the Defendants, the heir of the deceased, are liable to pay the unpaid price of goods.

B. According to the determination as to the claim of the principal lawsuit, the Defendants, the deceased’s inheritor, are obligated to return to the Plaintiff KRW 30 million, which the deceased received as advance payment, barring any special circumstance. Thus, Defendant B, according to the Plaintiff’s share of inheritance, has a considerable dispute as to the existence and scope of the Defendants’ obligations from July 1, 2014 to July 1, 201, as well as each of the above amounts, with respect to the Plaintiff’s share of inheritance.

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