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(영문) 전주지방법원정읍지원 2014.09.18 2013가단11254

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. Summary of the parties’ assertion 1) The Plaintiff is the deceased D (hereinafter “the deceased”).

(2) From October 26, 2006 to May 8, 2013, the Defendant, the inheritor of the deceased, is obligated to pay the Plaintiff the amount stated in the purport of the claim, as the sum of KRW 75,249,763, and was paid KRW 44,851,00 from the deceased. As such, the Defendants, the inheritor of the deceased, are obligated to pay the amount indicated in the purport of the claim to the Plaintiff. (2) The passbook in the name of the deceased that the Plaintiff remitted to the deceased is not used by the Deceased, but used by E and its husband, who is the deceased, and the deceased’s her husband, and the

B. Considering the overall purport of the arguments in the statement No. 1-1-4 and No. 2-3 of the deceased’s evidence No. 1-4, the Plaintiff is recognized as having deposited money over several times from July 4, 2006 to August 31, 2013, but on the other hand, the Plaintiff and the deceased are in the following circumstances recognized by each of the above evidence. ② According to the transaction details of the deceased’s Military Industry Credit Union, the Plaintiff deposited a certain amount each month from February 2008 to June 2012, and most of these amounts would have been settled (in particular, if the Plaintiff transferred the amount of credit card use immediately before the date of credit settlement, the amount of credit card use was automatically paid from the deceased’s account, and the Plaintiff’s deposit money was within the scope of the Plaintiff’s deposit money to the deceased’s husband’s account, and the Plaintiff’s deposit money was within the scope of the Plaintiff’s deposit money.