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(영문) 서울중앙지방법원 2014.10.14 2013가합553144
채무부존재확인
Text

1. Between the network D and the Defendant (Counterclaim Plaintiff);

(a) Time limit to a monetary loan agreement No. 1, 3 as set out in the separate sheet.

Reasons

1. Summary of the parties' arguments

A. After the Plaintiffs’ assertion died on December 31, 2012, the Plaintiffs, who were their offsprings and inheritors, were judged by the Seoul Family Court Decision 2013Ra1507, Jun. 14, 2013.

Although the defendant alleged that the defendant, who is the mother of Jin-Jin-Jin-Jin-Jin's mother, lent money to the deceased as shown in the separate sheet, there is no evidence to acknowledge this, such as the loan certificate, and therefore, there is no inheritance obligation against the defendant.

B. The Defendant asserted that he lent a total of KRW 180,500,000 to the Deceased seven times as shown in the attached list.

① Of them, a monetary loan for consumption Nos. 1 and 3 listed in the separate sheet was admitted to the fraternity operated by Gyeyang E with the introduction of the deceased, and the Defendant paid the fraternity through the deceased. However, the Defendant lent the amount corresponding to the deceased in a way that the deceased received directly from E by the deceased.

② The remainder of the monetary loan for consumption was deposited by the Defendant in the passbook.

③ Although interest was nonexistent at the time of a monetary loan loan for consumption No. 1, the interest rate was set at 12% per annum by adding a monetary loan for consumption No. 2, and the Defendant’s interest rate was set at 12% per annum, and the interest was to be paid by remitting to the Deceased the amount obtained by deducting interest from the deposit amount

After the loan for cash consumption No. 3, interest was paid separately from the deposit amount, and the final interest rate was modified as shown in the attached table agreement.

After the deceased paid interest up to December 2012, the deceased died, and the principal and interest thereafter did not have been paid. Therefore, within the scope of the property inherited from the deceased to the Plaintiffs who inherited one-half of the deceased, the deceased’s total loans worth KRW 180 million, 90 million, and interest accrued from January 1, 2013.

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