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(영문) 수원지방법원 2019.06.12 2018가합23059

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 5 (including paper numbers), witness D's testimony, and purport of whole pleadings);

A. E was in a de facto marital relationship with D, Defendant C is the words of D, and Defendant B is the top time of D.

B. From May 2, 2016 to August 11, 2016, E deposited KRW 330 million in its own account as shown in the attached sheet in three copies of a check with a face value of KRW 10 million. After that, Defendant B deposited KRW 300 million in its account or exchanged in cash, and Defendant C exchanged KRW 30 million in cash.

C. E (hereinafter “the deceased”) died on January 18, 2017, and the Plaintiff, who was the birth, succeeded to the deceased’s property.

2. The plaintiff asserts that since the deceased lent the above KRW 300 million to the defendant B, and the above KRW 30 million to the defendant C, the defendants are liable to pay each of the above money to the plaintiff who is the inheritor of the deceased.

The deceased withdrawn a 330 million won check from his own account, and the fact that the Defendant B deposited 30 million won out of his account and the Defendant C deposited 30 million won out of his account or exchanged in cash is recognized earlier.

However, in light of the fact-finding and macroscopic evidence as seen above, there is no written contract or interest payment to acknowledge that the deceased and the Defendants had borrowed money, and D received the said check from the deceased in a de facto marital relationship and lent KRW 300 million to the defendant Eul, and stated that the defendant C repaid the debt, it is insufficient to recognize the lending of the plaintiff's assertion solely based on the above fact-finding, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim against the defendants is dismissed as all of the grounds for appeal.