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(영문) 인천지방법원 2018.04.05 2017나62269

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the claim for loans of KRW 52,700,000

A. The defendant is the mother of the plaintiff, and the non-party E is the husband of the defendant.

From December 27, 2012 to December 26, 2013, the Plaintiff remitted total of KRW 52,700,000 to the Defendant as follows:

Plaintiff 6,00,000 on December 27, 2012, which is the name of receiving the remittance amount from the remittance date No. 1333, Dec. 27, 2012, Defendant 200, Defendant 6,000, Defendant 2,000, Defendant 2,000,000 on March 8, 2013, Defendant 3, March 22, 2013, Defendant 4, Defendant 60,000, Defendant 60,000 on July 5, 2013, 520, Defendant 10,000,000 on July 31, 31, 2013 (the address of the Plaintiff), Defendant 10,000,000 G (the Plaintiff’s wife), and Defendant 10,000,000 or more of the pleadings [Defendant 6, 200,50,700,000 Plaintiff

B. The Plaintiff asserts that the claim of KRW 2,100,000 (No. 1) was made against the Defendant, as in the relevant column of remittance No. 1, the Plaintiff lent KRW 2,100,000 to the Defendant.

In this regard, the defendant asserts that the plaintiff transferred KRW 2,100,000 to the defendant's account in order to purchase the H forest in the Cheongbuk-gun, Cheongbuk-gun.

According to the following facts that are recognized by comprehensively taking account of the following facts, i.e., facts without any dispute, Eul-1-2, Eul-2, Eul-2, Eul-3, and Eul-10, it is reasonable to view that the Plaintiff lent KRW 2,100,000 to the Defendant on December 27, 2012, as in each corresponding column No. 1 of the above remittance table.

① On December 20, 2012, the Plaintiff: (a) purchased KRW 63,471 square meters of H, Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, in the name of G; (b) transferred KRW 35,000,000 to an account under the name of the Defendant on the same day ( December 20, 2012), and paid KRW 35,000,000 to the said I; and (c) paid the said KRW 35,00,000 to the said I in full.

(C) 2. On December 27, 2012, which was seven days after the date of payment of the above purchase price, the Plaintiff remitted 2,100,000 won to the Defendant, separate from the above payment of the purchase price, as in each corresponding column No. 1.

The above 2,100.