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(영문) 전주지방법원남원지원 2016.12.14 2016가단1268
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 19, 2016, the deceased’s summary of the Plaintiff’s assertion (hereinafter “the deceased”) lent KRW 30 million to the Defendant. Since the Plaintiff’s heir as the deceased inherited the above loan claims against the Defendant, the Defendant is obligated to pay the Plaintiff the above KRW 30 million and damages for delay.

2. The fact that the Deceased remitted KRW 30 million to the deposit account in the Defendant’s name on May 19, 2016 is no dispute between the parties.

However, as to whether the deceased lent the above KRW 30 million to the defendant, each statement in the evidence Nos. 1 and 5, which corresponds to the plaintiff's assertion, is merely a document prepared by the plaintiff himself/herself and his/her father's his/her father, and it is difficult to credibility it as it is. The statement in the evidence Nos. 6-1, 2, and 7, which is sufficient to recognize the fact that the deceased was liable to lend the above KRW 30 million to the Chuncheon Agricultural Cooperative at the time of death, even though it is recognized that the deceased was liable to lend the above KRW 60 million to the defendant, and there is no other evidence to prove it otherwise.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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