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(영문) 서울남부지방법원 2018.11.22 2017가단13988
대여금 등
Text

1. The Defendant’s KRW 57,00,000 and the Plaintiff’s annual rate of KRW 5% from May 12, 2017 to October 15, 2018.

Reasons

1. Determination as to the facts of recognition and the cause of claim

A. Comprehensively taking account of the descriptions of evidence Nos. 1-1, 2, and 4 through 6, the appraiser C’s written appraisal result (this is recognized as the authenticity of evidence Nos. 1-1, 2-2), and the overall purport of the pleadings, the Plaintiff transferred the total amount of KRW 54,50,000 to the deposit account in the name of the F (D’s wife) used by D over several times at the request of the Nonparty Party E, the seat of D, who was the seat of D, who was the seat of D from November 12, 2015 to the exit from its home, from September 22, 2014. On the Plaintiff’s request, E prepared and delivered the loan certificates of two heads as follows, while E died on May 17, 2017, and the Defendant, a spouse, who was the sole spouse, can not recognize the fact that he/she inherited the deceased.

The loan certificate borrowed amount: The repayment date of March 11, 2017: the above amount shall be repaid until May 10, 2017, and if it is impossible to repay by the due date, the amount shall be promised to be subject to any civil or criminal punishment, and if it is not possible to repay by the due date, the full address of March 11, 2017: The name of G: The E resident registration No. H [No. 1] the date of borrowing the loan certificate: The repayment date of March 11, 2017: May 10, 2017: The repayment date of the above amount shall be made by May 10, 2017; the repayment date shall be made by the promise to accept any civil or criminal punishment and shall be made by the repayment date; the repayment date shall be made by May 11, 2017; the name and address of H/O No. 2173, Mar. 11, 2017.

B. According to the above facts, E borrowed money on several occasions to the Plaintiff via D and settled the total sum of KRW 57 million to be paid to the Plaintiff on March 11, 2017 (i.e., KRW 40 million), and it is reasonable to view that E issued the said evidence [the tea evidence 1] and [the tea evidence 2].

Therefore, the defendant, who is the sole heir of E, shall pay the above agreed amount to the plaintiff KRW 57 million and the above amount.

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