beta
(영문) 수원지방법원 2016.06.09 2015나16405

대여금

Text

1. Of the judgment of the court of first instance, the plaintiffs (appointed parties) and the designated parties corresponding to the money ordered to be paid below.

Reasons

1. Basic facts

A. The plaintiffs, Appointers E, and Selection C are the defendant's enjoyment, the Appointor D is the defendant's punishment, and the Appointor F is the plaintiff's incidental and the defendant's grandparents.

B. The Defendant entered the Republic of Korea around 1996, and the Plaintiff and the designated parties wired each of the U.S. dollars stated in the “amount sent” on each day indicated in the “Date of Transfer”, to the account in the name of H, the Defendant or the Defendant’s wife.

Plaintiff

The amount converted into Korean currency by applying the exchange rate of April 28, 2016 (1,138.5 won per US$1 US$1,138.5 won), which is the date of the closing of argument in the instant case, shall be as follows:

Plaintiff/Appointed (US$10,385,000 11,385,00 on May 22, 2003, 200: F9,5010,5010,385,000 on May 6, 2003, 200 F. 9,5010,810,888 E8,1169,240,066 on December 28, 2004, including USD 19,450,22,143,82,825,825,203, the amount of the Korean won converted (hereinafter “the amount of the instant remittance”) in Korean won (including USD 10,50,000 on June 12, 2003; USD 10,816,888,204; USD 205,005,05,000 each of the U.S. pleadings was written).

2. The parties' assertion

A. The Defendant, around 2003, agreed to pay the Plaintiff’s living expenses, school expenses, etc. by the end of 2006, if the Defendant lent the Plaintiff’s living expenses, school expenses, etc. to the Plaintiff.

Accordingly, the plaintiff et al. lent the amount of each remittance of this case to the defendant. The defendant is obligated to pay each of the money stated in the purport of the claim for the loan to the plaintiff et al. and damages for delay from January 1, 2007, which is the day following the due date for payment.

B. The plaintiff et al. asserted by the defendant is not a free donation to the defendant according to the defendant's biological will that had a mind to know about the defendant's failure to inherit from his father. It is not a lending of each of the instant transfers to the defendant.