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(영문) 대구지방법원 2017.12.01 2016가단126613

대여금

Text

1. The Defendant: (a) KRW 21,50,000 for the Plaintiff and 5% per annum from January 27, 2017 to December 1, 2017; and (b) the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is that the Defendant, the mother of the Plaintiff and C, who agreed with the Plaintiff, bears between 30 and 350,000 won per month the interest on bonds, and provided a loan to the Plaintiff, and that the Defendant shall repay the loan to the Plaintiff. As such, the Defendant leased KRW 21,50,000 to the Defendant three times, the Defendant shall pay the said money, interest thereon, and delay

B. The defendant's assertion was given to C by lending funds necessary to enable C to wear clothes from his neighbors, but the defendant failed to pay the principal and interest because it was not well-known, and the plaintiff voluntarily deposited KRW 21.5 million with the defendant's account that he would have received and paid the principal and interest, and there was no agreement on the period of repayment or interest at that time. Thus, the above money is not a loan.

2. Determination

A. Determination on the cause of a claim: (a) the Plaintiff’s husband’s wife C and the Plaintiff liveded with the Defendant from January 2013 to June 2015; (b) the Plaintiff transferred the Plaintiff’s account to the Defendant for KRW 500,000 on April 30, 2013; (c) KRW 6 million on July 5, 2013; and (d) KRW 21.5 million on August 22, 2013; or (e) KRW 21.5 million on August 22, 2013; or (e) the fact that the Plaintiff remitted the Plaintiff’s account to the Defendant’s husband’s husband’s wife and the Plaintiff’s account by the respective statements in subparagraphs A and 2

The following circumstances revealed by the purport of the above recognition and the entire pleadings, i.e., (i) the Plaintiff wired money to the Defendant’s account without paying money to the Defendant’s creditor, (ii) the Plaintiff’s direct transfer of money to the Defendant’s account via his/her own bank account for a long time, (iii) the Plaintiff sent a small amount of money once from April 30, 2013 to August 22, 2013, (iv) the total amount remitted by the Plaintiff was 21.5 million won, and (v) the amount of money that the Plaintiff received without any intention to return in light of the Plaintiff’s occupation, economic situation, etc., is larger than the amount of money that the Plaintiff received without any intention to return; and (iv) the Defendant was liable for a large amount of money to a third party at the time, and used it to pay the said money.