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(영문) 의정부지방법원고양지원 2015.02.06 2014가단17025

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the father of the Defendant’s father, lent money to Non-Party C (the deceased on October 22, 201; hereinafter “the deceased”), and received a cash custody certificate from the Deceased on September 9, 201 and November 1, 201 (hereinafter “each cash custody certificate of this case”). Each of the cash custody certificates of this case stated “name: : 2,” and affixed a seal impression on the deceased, Defendant, and Non-Party D, but the name of the Defendant was not written.

B. Meanwhile, each of the instant cash storage certificates prepared around September 9, 201 and November 1, 2011 (hereinafter “each of the instant payments notes”) under the deceased’s name. Each of the instant payments notes affixed the Defendant’s seal impression, but the Defendant’s name was not indicated, and only the deceased’s signature is written.

C. On September 16, 2011 and December 1, 2011, the Plaintiff completed the registration of the establishment of each neighboring real estate in Eunpyeong-gu Seoul, the deceased, the defendant, and the non-party D's joint ownership. At the time of the registration of the establishment of each neighboring real estate on September 14, 201, a certificate of personal seal impression issued directly by the defendant was used on September 14, 201, and the provisional attachment was applied for the real estate owned by the defendant with the amount of KRW 80,00,00 as the claimed amount. On August 30, 2012, the Seoul Western District Court 201Kadan7651, which was decided on the provisional attachment of real estate owned by the defendant, and the registration of the provisional attachment was completed in accordance with the decision on the provisional attachment of the above real estate.

Meanwhile, the Plaintiff’s account in the name of the Defendant was deposited in KRW 2,00,000 on February 13, 2012, and KRW 1,500,000 on October 11, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7 (including paper numbers), Eul evidence 19 and 20 (including paper numbers), the purport of the whole pleadings

2. Determination

A. First, the Plaintiff is jointly and severally liable by the Defendant or on behalf of the deceased for the money borrowed by the deceased from the Plaintiff.