beta
(영문) 대구지방법원 2015.09.24 2015가단100959

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff and the defendant's assertion

A. The Plaintiff’s assertion 1) The Plaintiff’s South Dong-dong-dong-dong-dong-dong-gu 201, 2101 (hereinafter “instant apartment”) around 2012.

(2) On November 23, 2012, the Plaintiff lent KRW 100 million to D without setting the interest and the due date for payment, by purchasing KRW 350 million. The Plaintiff borrowed KRW 100 million to D without setting the interest and the due date for payment.

3) Although D had the Plaintiff registered the creation of a security right to the instant apartment, Defendant C, who was the wife of the network D (hereinafter “the deceased”) on June 19, 2014, was obligated to repay the said debt to the Plaintiff, and Defendant C, who was the wife of the network D (hereinafter “the deceased”) according to the deceased’s inheritance shares. As such, Defendant B, as the wife of the deceased, succeeded to the said debt to the Plaintiff according to the deceased’s inheritance shares, was obligated to pay the Plaintiff the said debt amounting to KRW 60 million (10 million x 3/5 shares), and the Defendant C, as KRW 40 million (10 million x 2/5 shares).

B. The Defendant’s assertion that the apartment house of this case was created by the deceased as a new marries in marriage with the Defendant B, and the deceased has been doing business for more than 10 years immediately before the death, and the Plaintiff has been managing the passbook of the deceased for the several years before the death of the deceased. Therefore, the above KRW 100 million was returned to the Plaintiff’s money managed by the Plaintiff or, even if not, it was donated by the Plaintiff to the Deceased with the purchase fund for

2. Determination

A. Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1 and 2, the deceased concluded a contract to purchase the instant apartment between F and F on October 24, 2012 with the purchase price of KRW 350 million for the instant apartment, and with the purchase price of KRW 350 million for the intermediate payment, KRW 100 million for the intermediate payment, and KRW 215 million for the remainder payment, and the fact that the Plaintiff remitted KRW 100 million to F’s account on November 23, 2012 for the date of intermediate payment.

In addition, according to the evidence Nos. 4-1 and 2, the above down payment of KRW 35 million shall be considered as the plaintiff F.