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(영문) 서울서부지방법원 2015.12.10 2014가단35801
대여금 및 명의변경
Text

1. The Plaintiff:

(a) Defendant B and C jointly and severally KRW 10,000,000 and as from September 30, 2013;

B. Defendant B and D are the same.

Reasons

1. Facts of recognition;

A. On September 30, 2013, the net F, the husband of the Plaintiff, leased KRW 10 million to Defendant B with interest rate of KRW 1.5% per month and due date on September 30, 2015, and Defendant C guaranteed the above obligation of Defendant B.

B. On September 30, 2013, the Deceased leased KRW 10 million to Defendant B on a monthly basis, and on March 20, 2014, the due date for payment was determined as KRW 1.5%, and Defendant D jointly and severally guaranteed the above obligation of Defendant B.

C. On September 30, 2013, the Deceased leased KRW 10 million to Defendant B on a monthly basis, and on June 20, 2014, the due date for payment was determined as KRW 1.5%, and Defendant E jointly and severally guaranteed the above obligation of Defendant B.

On October 7, 2013, the Deceased loaned each of the loans to Defendant B at KRW 1.5% of interest per month and on October 7, 2015, respectively. On October 31, 2013, the Deceased determined the interest rate of KRW 1.5% per month and the due date of repayment as of December 31, 2013.

E. On March 7, 2014, the deceased died and succeeded to the deceased, and the deceased’s inheritors divided the inherited property agreement with a view to devolving inherited property on May 7, 2015.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 8, 10 to 15 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, each of the above loans owed by the deceased against the Defendants was inherited to the Plaintiff through the division of inherited property by agreement.

Therefore, the defendants are obligated to pay the above borrowed money to the plaintiff.

3. Defendant C, D, and E’s assertion and determination

A. The above Defendants agreed that the deceased did not claim or file a lawsuit against the above Defendants, and the lawsuit in this case is unlawful against the above assistant suit agreement, but there is no evidence to acknowledge it. Thus, the above Defendants' assertion is without merit.

B. The above Defendants asserted that the Plaintiff can claim a loan within the scope of 3/7 of the deceased’s share of inheritance, but the inheritor of the deceased as seen earlier.

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