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(영문) 수원지방법원성남지원 2017.06.16 2016가단14514

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The plaintiff and the defendant are the plaintiff's children.

B. The Plaintiff loaned KRW 52,00,000 to the Defendant on April 12, 2007, KRW 12,000,000 on August 12, 2008, and KRW 52,00,000 on November 12, 2010.

C. On November 9, 2012, the Defendant entered into a lease agreement with the lessee on the condition that deposit 5,00,000, monthly rent 390,000, and the lease period until November 23, 2013, the lessee column entered the Plaintiff’s name.

The defendant paid KRW 5,00,000 to C upon receiving the lease deposit from the plaintiff, and upon termination of the lease contract with the expiration date, C returned the lease deposit to the defendant.

[Ground] The Plaintiff, as the Plaintiff asserted the purport of the evidence Nos. 1, 2, and 3, the witness E’s testimony, and the purport of the entire pleadings, has leased KRW 57,00,00 to the Defendant, the Defendant is obligated to pay the above loan and delay damages to the Plaintiff. The Family Lease Deposit KRW 5,00,000 to the Defendant was not expressed in writing even if it was the amount that the Plaintiff donated to the Defendant, and thus, the gift is rescinded by the instant lawsuit.

The Defendant Plaintiff lent KRW 52,00,000 to the Defendant, and on January 2015, the Defendant exempted the Defendant from the obligation of the loan at family travel.

5,000,000 won of lease deposit is the money that the plaintiff donated to the defendant, so there is no obligation to return.

Judgment

A witness E, as to whether to exempt a loan of KRW 52,00,000 from the obligation to pay the loan, had come from this court to the Seocho-do, including the original defendant, from January 18, 2015 to July 22, 2015. On one day during the trip, he was aware of the Defendant’s repayment of the loan at the place where all the punishments are gathered, and it is difficult for the Plaintiff to pay the loan of KRW 52,00,000.