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(영문) 서울서부지방법원 2020.05.14 2019가합33685

대여금

Text

1. The Defendant-Counterclaim Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 7,614,180, and the Defendant-Counterclaim Plaintiff C (Counterclaim Plaintiff) KRW 5,076,120, and each of the above.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The deceased D (Death around December 4, 2018) is a child of the Plaintiff and the deceased E (Death on August 10, 2018) and Defendant B is a spouse of the network D, and Defendant C is a child of the network D.

B. On December 6, 2016, from the Financial Cooperative Deposit Account (G; hereinafter “instant Plaintiff’s Account”) in the name of the Plaintiff, KRW 218,00,000 was remitted to the Bank Deposit Account (H; hereinafter “instant Account”) in the name of the Plaintiff.

C. From the instant network D’s account to the Plaintiff’s account in the instant name, KRW 3,00,000 was remitted from May 17, 2017 to the instant Plaintiff’s account, KRW 40,000,000 on May 31, 2017, and KRW 92,10,000 on June 2, 2017.

On December 6, 2018, the Plaintiff spent KRW 12,690,300 for funeral expenses of the deceased D.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2-1 of Eul evidence 2, the purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) On December 6, 2016, the Plaintiff lent KRW 218,00,000 to the network D, and the Defendants, the heir of the network, inherited the net D’s obligation to pay the Plaintiff the borrowed amount of KRW 130,80,000 (i.e., KRW 218,000 x 3/5), Defendant C is liable to pay the Plaintiff the amount of KRW 87,20,000 (= KRW 218,000 x 218,000,000 x 2/500 x 2/5) for funeral expenses of the network D’s inheritance (i.e., KRW 12,690,300). The Defendants, the heir of the network D’s funeral expenses, are liable to pay the Plaintiff the amount of KRW 130,000,000, KRW 3605,000).

B. The summary of the Defendants’ assertion is that KRW 218,00,000, transferred from the instant Plaintiff’s account under the name of the Plaintiff to the account under the name of the instant network on December 6, 2016, was the sale price of real estate in Yongsan-gu Seoul, the network E, not the Plaintiff’s lending to the network D, and the network D is KRW 13,00,000,000 on January 6, 2017.