beta
(영문) 대전지방법원천안지원 2017.09.26 2016가단112965

대여금

Text

1. Plaintiff A; Defendant C: KRW 17,900,00 for Defendant C; KRW 11,000 for Defendant D; and each of them, from November 19, 2016 to September 26, 2017.

Reasons

1. Basic facts

A. Defendant C is the son’s children, and Defendant D is the son of the Plaintiffs.

B. From February 22, 2013 to March 10, 2016, Plaintiff A transferred KRW 27,258,930 to the bank account in the name of the Defendants and the Defendants’ residing in the bank account in the name of the lessor E.

B. From June 16, 2014 to February 4, 2016, Plaintiff A transferred KRW 39,003,800 from the new bank account in its name to the Defendants and the said E’ account.

C. From February 22, 2013 to October 16, 2015, Plaintiff B transferred KRW 22,99,430 from the bank account in the name of the Defendants and E to the bank account in the name of the Defendants and E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The amount transferred by the Plaintiffs to the Defendants and E bank account is leased by the Plaintiffs to the Defendants. The Defendants, even though they decided to repay the total amount of KRW 3,440,000 per month from February 26, 2016 to June 27, 2016, did not perform it. Thus, the Defendants are jointly and severally liable to pay the said amount of money transferred from the Plaintiffs.

B. The Defendants’ assertion that the aforementioned amount transferred by the Plaintiffs was paid to the Defendants for the purchase of vehicles, the expenses of marriage, and the monthly tax burden of the new marriage house for the Defendants who did not have any economic basis. This is a donation made by the Plaintiffs to Defendant C.

However, Defendant C, who currently resides in the Republic of Korea, was aware of the fact that 37,00,000,000 won was donated from Plaintiff A on February 4, 2016, and agreed to pay KRW 680,000,000 each month by dividing it into 36 months. Accordingly, Defendant C, from February 26, 2016 to July 27, 2016, added the sum of KRW 4,100,000,000.