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(영문) 서울중앙지방법원 2017.04.26 2016가단104157
대여금
Text

1. Defendant B’s 50,000,000 won and the interest rate of 15% per annum from October 6, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the only heir of the Deceased, Defendant B is the birth of the Deceased, and Defendant C is the wife of Defendant B.

B. On October 28, 2013, the Deceased paid KRW 50 million to the Defendant by transferring KRW 50 million to the deposit account under Defendant B’s name (hereinafter “instant money”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff leased KRW 50 million to the Defendants. As such, the Defendants jointly and severally asserted that the Plaintiff, who succeeded to the Deceased, is liable to pay the principal of the loan amounting to KRW 50 million and damages for delay thereof, and the Defendants asserted that they donated KRW 50 million from the Deceased.

B. In full view of the evidence and the purport of the entire pleadings as to the claim against Defendant B, it is recognized that the certificate of monetary loan for consumption, such as the receipt of loan, was not prepared between the deceased and Defendant B, and that Defendant B did not pay interest on the instant money to the Plaintiff.

However, in full view of the purport of the argument in Gap evidence No. 4, the deceased paid the money in this case to the defendant Eul, and transferred 50 million won to the above account by allowing the defendant Eul to open a new account to the foreign bank, and it is recognized that he received the copy of the above account from the defendant Eul and kept it. Thus, it can be sufficiently recognized that the deceased kept the copy of the above account in order to prove that he lent 50 million won to the defendant Eul.

In addition, the following circumstances are revealed by considering the aforementioned evidence and the statement No. 3 as a whole of the pleadings, namely, ① the deceased has already been at the workplace at the time of the payment of money.

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