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(영문) 대구지방법원 2018.10.11 2017가합2353

대여금

Text

1. The defendant shall pay to the plaintiff B KRW 145 million per annum from December 7, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiffs are the children of D, and the Defendant is the children of the deceased E (hereinafter “the deceased”), and D and the deceased were married on February 21, 2001 and were married to the marriage on May 13, 201, and were legally married couple until the agreement is married.

B. From June 2, 2014 to June 7, 2017, the Plaintiffs transferred money several times to a deposit account under the name of the Defendant, and the specific details are as follows.

Plaintiff

On June 2, 2014, KRW 59 million, KRW 30,000,000 on October 30, 2014; KRW 10,5 million on November 11, 2014; KRW 5,000,000 on November 29, 2014; KRW 5,000,000 on December 5, 2014; KRW 5,000,00 on December 17, 2014; KRW 74,00,00 on December 17, 2014; KRW 7,50,000 on December 19, 2014; KRW 14,00,000 on KRW 7,50,000 on August 3, 2015; KRW 1,500,000 on December 1, 205, 2015.

C. Meanwhile, on June 2, 2014, the land Gyeongnam F (hereinafter “instant land”) was registered for ownership transfer in the name of the Deceased, and the studio building on the ground of the said land (hereinafter “instant building”) was registered for ownership preservation in the name of the Deceased on January 9, 2015.

After that, as the Deceased died on October 2017, the Defendant completed the registration of ownership transfer on November 2, 2017 on the instant land and the instant building registered under the name of the Deceased, based on the inheritance by agreement and division.

[Ground of recognition] Facts without dispute, purport of the whole pleadings, entry of Gap 1, 2, 3, and 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion was that the defendant purchased the land to purchase the land to newly construct and sell the house, and requested the lending of the funds to the plaintiffs who are children because they did not have any surplus funds. Accordingly, the plaintiffs A requested the lending of the funds to the plaintiffs who are children. Accordingly, the payment period is not determined by transferring the total amount of KRW 149 million to the defendant, and the total amount of KRW 145 million to the plaintiff B.