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(영문) 부산지방법원 2017.01.20 2016가단320407

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 3, 2015, the basic fact-findingD (hereinafter referred to as “the deceased”) died after having left his/her dependent as his/her bereaved family member, and the fact of the transfer of KRW 130 million from the Plaintiff’s deposit account, which is his/her death, to the deceased’s deposit account, as follows, may be acknowledged pursuant to the purport of the Plaintiff’s evidence No. 1, No. 2-1, and No. 2, as well as the purport of the entire arguments and arguments.

(1) KRW 10 million (2) KRW 3.10 million (3) of February 23, 2010 (3) KRW 4.14,00 million (4) of March 14, 2010 (4)

2. The plaintiff alleged that the above KRW 130 million was the amount loaned to the deceased, and that the plaintiff sought a return of the objection against the defendant, the inheritor of the deceased, the defendant asserted that the above money was not the loan, but the amount divided into the deceased's inherited property, and thus, the plaintiff cannot respond to the plaintiff's claim.

3. The above evidence Nos. 5 and witness E alone are insufficient to recognize the fact that the above 130 million won was a loan, and there is no other evidence to acknowledge this otherwise. Rather, the following circumstances are as follows: ① The children between E and EF are children, namely, the plaintiff, the deceased, and G, and the deceased, who were 10 million won of the above 10 million won of the above 10 million won of the testimony No. 3,4, Eul No. 1-2, 3, 4, and Eul No. 3-5 of the evidence Nos. 3-1, 2, and 5 of the evidence Nos. 1, 3-2, and the witness E, and the entire testimony and arguments of the 1,000 won of the above 1,000 won of the above 20th of Oct. 27, 1996, the Plaintiff consulted with the deceased on the inheritance of the deceased 1, 2010 Ma3,010 of the deceased (hereinafter referred to as the inherited property of this case).