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(영문) 대전지방법원서산지원 2016.06.28 2015가단51540

대여금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the mother of the deceased G (the deceased on November 16, 2013, hereinafter “the deceased”). Defendant B is the deceased’s spouse, and Defendant C, D, E, and F are the children of Defendant B and the deceased.

B. The Plaintiff, as indicated in the attached list 1, remitted total of KRW 8,754,00 from June 9, 2004 to September 2, 2013, to the account in the name of Defendant B or the deceased.

C. Defendant B or the Deceased subscribed as the Plaintiff’s main agent, H joined the Plaintiff’s fraternity.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff, at the request of the Defendant B, lent the money listed in the separate sheet No. 1 to the Defendant B without setting the due date or interest. In addition, the Plaintiff subscribed to the Defendant B to the Plaintiff’s fraternity, and guaranteed the payment of the Defendant B’s fraternity. Accordingly, the Defendant B is obligated to pay the Plaintiff the remainder of the money excluding the amount indicated in the separate sheet No. 2, which the Plaintiff transferred to the Plaintiff from the money listed in the separate sheet No. 1 to the Plaintiff in the name of Defendant B or the amount of the Plaintiff’s fraternity No. 1, and the amount of the money received from Defendant B.

3) Defendant B subscribed to the fraternity with the Plaintiff’s guarantee and did not pay a part of the fraternity to the Plaintiff, and the Plaintiff paid it to the Plaintiff. Therefore, Defendant B has the obligation to pay the unpaid fraternity to the Plaintiff as the recourse amount. Accordingly, Defendant B is obligated to pay the Plaintiff the unpaid fraternity amount. 4) If the decedent borrowed the money which was transferred in the name of the Defendant B from among the money listed in the separate sheet No. 1, then the Defendants are liable to pay it to the Plaintiff according to the share of inheritance

B. The summary of the Defendants’ assertion 1) There is no evidence to acknowledge the fact that each money listed in the separate sheet No. 1 asserted by the Plaintiff is a loan. 2) In the case of a fraternity admitted under the name of Defendant B or the deceased, the amount of the fraternity to be received by Defendant B is more than the amount to be paid.