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(영문) 서울북부지방법원 2020.11.24 2020나31195

대여금

Text

The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant-related Plaintiff are the mother of C, and the Defendant completed the marriage report with C on August 21, 2018.

B. C’s death and renunciation of inheritance were killed on January 1, 2019 (hereinafter “the deceased”). The Defendant, the husband, filed a report of renunciation of inheritance with Suwon District Court 2019Hu381 on February 22, 2019, and the said report was accepted on March 8, 2019. D, the deceased’s children, filed a report of renunciation of inheritance with Suwon District Court 2019Mo50317 on April 1, 2019, and the said report was accepted on May 30, 2019.

C. Since August 2017, between the Plaintiff and the Deceased and the Defendant, there were frequent monetary transactions from around August 2017 between the Plaintiff and the Deceased and the Defendant, and the part traded on the account among them is as shown in the separate sheet.

In other words, from August 3, 2017 to December 26, 2018, the Plaintiff remitted total of KRW 149,576,856 to the Deceased, and received KRW 4,09,700 from the Deceased over several times. From September 26, 2017 to October 26, 2018, the Plaintiff remitted total of KRW 33,821,000 to the Defendant, and received KRW 17,350,000 in total on seven occasions from the Defendant.

1) The Defendant is obligated to pay the remainder of KRW 270 million to August 27, 2018, respectively, at the time of the contract, the lease deposit amount of KRW 300 million between E and E in order to prepare a new congested house with the deceased (hereinafter “instant lease contract”). The term of the lease contract is set from August 27, 2018 to August 26, 2020 (hereinafter “instant lease contract”). The term of the lease is fixed and leased from August 27, 2018 to August 26, 2020 (hereinafter “instant lease contract”).

(2) On July 12, 2018, the Deceased terminated his/her installment savings and transferred KRW 2 million out of the down payment of the instant lease contract to E account on July 21, 2018, and on July 21, 2018, the date of the contract.

3. The plaintiff is against the defendant and the deceased.