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(영문) 의정부지방법원 고양지원 2018.08.08 2018가단76329

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s punishment, the Plaintiff retired from the company around 200, and thereafter transferred to the U.S., and the mother of the Plaintiff and the Defendant resided in the Seocho-gu Seoul apartment (hereinafter “instant apartment”) located in the apartment located in Seocho-gu Seoul (hereinafter “instant apartment”).

B. As the Plaintiff and the Defendant’s mother died on September 2015, the Plaintiff entered the Republic of Korea on the same day and opened a funeral, and around December of the same year, the Plaintiff withdrawn KRW 210 million out of the deposit for lease deposit received from the lessee as a check and delivered it to the Defendant.

C. The Defendant paid to the Plaintiff KRW 8,477,622 on November 3, 2017, and KRW 20 million on November 4, 2017, respectively.

On December 2017, the Plaintiff demanded the Defendant to return the remaining amount, and there was no disagreement between the two parties on the amount to be returned by the Defendant.

Until the end of January 2018, the Plaintiff added the amount that the Defendant returned to November 2017 to KRW 30 million. While the Plaintiff is in the U.S., the Defendant calculated the costs of the instant apartment as KRW 20 million in managing the instant apartment and demanded the return of the remainder of KRW 160 million in the calculation of the Defendant’s expenses or the old-age, etc. supported by his mother, and the Defendant did not return the amount exceeding KRW 80 million in consideration of the expenses that the mother was gathered and the Defendant did not gather.

E. The Defendant paid KRW 100 million to the Plaintiff on February 13, 2018.

[Grounds for Recognition: Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings]

2. Assertion and determination

A. According to the above facts of determination as to the cause of the claim, since the defendant paid to the plaintiff or was exempted from the plaintiff, the amount of KRW 150,000,000,000,000,000 as the plaintiff seeks, the defendant is a loan with the nature of KRW 210,000,000,000,000,000,000,000,000,000 won

The remainder after deducting the above amount from the above amount shall be paid KRW 60 million and the delay damages.