대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the Parties:
The Plaintiff is the mother of Defendant B (hereinafter “Defendant B”), and Defendant C is the wife of Defendant B.
In around 1974, the plaintiff married with D, a citizen of the United States, who is a citizen of the United States. The plaintiff is still living in the United States.
B. On January 21, 2009, around January 21, 2009, when Defendant B returned to Korea and married with Defendant C, the Plaintiff paid KRW 226,660,000 out of the purchase price for new marriage in order to prepare the Defendants’ new marriage.
C. From April 21, 2015 to December 18, 2017, the Plaintiff paid 35,000 U.S. dollars to the Defendants in total over 13 times, as indicated in the attached remittance statement.
On May 21, 2018, the Plaintiff paid KRW 87,107,102 in order to repay the secured debt of the right to collateral security against Defendant C, which was established by the Defendants’ new divorce.
E. On May 4, 2018, while the Plaintiff was staying temporarily in Korea at the Defendants’ home, the Plaintiff returned to the United States as Defendant B demanded the eviction at the end of the dispute, and returned to the United States on July 13, 2018. The Plaintiff filed the instant lawsuit against the Defendants on December 13, 2018.
2. Whether the legal nature of the money paid by the Plaintiff to the Defendants, a married couple, constitutes either a loan or an onerous donation
3. The parties' assertion
A. The Plaintiff’s primary assertion 1) The Plaintiff lent each of the above money to the Defendants without setting the interest or the due date. 2) The Defendants donated each of the above money to the Defendants on the condition that they support the Plaintiff, and the Defendants rescinded the contract of donation with the Defendants due to their nonperformance of the Defendants’ duty to support.
Even if it is not so, the plaintiff has donated each of the above money to the defendants who want to support the plaintiff. Therefore, the contract of donation is made on the grounds of the defendants' deception.