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(영문) 부산지방법원동부지원 2017.05.17 2016가단208664
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiff's assertion

A. The Plaintiff A is the wife of the deceased D (the deceased on September 28, 2015, hereinafter referred to as “the deceased”), and the Plaintiff B is the deceased’s children.

B. Since the Defendant borrowed KRW 100 million from the Deceased on January 30, 2015, but did not complete payment, it is obligated to pay the Plaintiffs, who are the inheritor of the Deceased, according to their respective inheritance shares.

2. The defendant asserts that although the fact that 100 million won was remitted from the deceased is recognized, the above money was donated.

In light of the record of No. 2 No. 2 and the response to this court’s order to submit research data on task duties, it is difficult to recognize that the deceased has lent the above money to the Defendant solely on the fact that the deceased remitted KRW 100 million to the Defendant, and there is no other evidence to support the fact that the deceased remitted the money to the intent to lend the above money.

3. The plaintiffs' claim for conclusion is without merit, and all of them are dismissed.

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