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(영문) 의정부지방법원 2018.04.11 2016가합54725

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 25, 2015, the Plaintiff and the Defendant died of Nonparty C, his father (hereinafter “the deceased”).

B. On May 28, 2005, the Plaintiff leased the amount of KRW 33,00,000 from the non-party D, the deposit of KRW 201,00,000, and the Defendant and the non-party F resided in the above loan from around 2006 to March 2008, and the Plaintiff resided in the above loan from the above loan.

C. On April 7, 2011, the Plaintiff transferred KRW 231,000,000 from the Defendant’s account (H and our bank I) to the Defendant’s account on April 27, 2011, including KRW 50,000,000 and KRW 20,000,000 on May 25, 2011, and KRW 231,000,000 on June 222, 2011.

On May 7, 2011, the Defendant continued to reside in the above loan from the Plaintiff’s director, and entered into a sales contract to purchase J Apartment 209, 702 (hereinafter “instant apartment”) for KRW 285,00,000, and paid the above lease deposit amount of KRW 33,000,000, and the Plaintiff’s remittance amount of KRW 231,000,000, and completed the registration of ownership transfer under the name of the Defendant on June 22, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3 through 8, 11, 12 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant lent money to the defendant for the purchase of the apartment of this case, and the plaintiff's above 1.C.

As set forth in paragraph (1), a sum of KRW 231,00,000 between April 7, 201 and June 22, 2011 shall be lent and KRW 1.B.

Since lending KRW 33,00,000 by means of having the Defendant refunded the above loans, the Defendant is obligated to pay the Plaintiff the above loans amounting to KRW 264,000,000 (= KRW 231,000,000,000) and damages for delay.

3. We examine the judgment, and the defendant's 231,00.