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(영문) 부산지방법원동부지원 2020.04.23 2019가단206744

대여금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the spouse, Plaintiff B, C, and Defendant of the network E. The children of the network E.

B. The network E died on September 20, 2002.

C. On October 18, 2004, Plaintiff A remitted total of KRW 55,000,000 to the Defendant and KRW 5,000,000 on December 20, 2005.

[Ground for recognition] Facts without dispute, Gap evidence 2 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. As to the Plaintiff’s claim for loans, the Plaintiff asserted that the Defendant lent the aforementioned money to the Defendant, the Defendant asserted that he received the said money from the Plaintiff A.

It is insufficient to recognize that Plaintiff A lent KRW 55,00,00 to the Defendant only with the above-mentioned facts and the evidence submitted by Plaintiff A. The Plaintiff’s claim for this part of this case is without merit, inasmuch as there is no other evidence to acknowledge it.

3. The Plaintiffs withdrawn this part of the lawsuit on December 16, 2019, but the Defendant stated that he did not consent to the withdrawal of the lawsuit on the third date for pleading.

The plaintiffs asserted that the defendant arbitrarily disposed of the net E's financial property and infringed the plaintiffs' inheritance rights, and seek partial payment of damages for each of the plaintiffs' damages amounting to 5,00,000 won.

However, the evidence submitted by the plaintiffs alone is insufficient to recognize it, and there is no other evidence to acknowledge it, so this part of the plaintiffs' claim is without merit.

4. In conclusion, each of the claims by the plaintiffs in this case is dismissed as it is without merit. It is so decided as per Disposition.