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(영문) 창원지방법원 2014.08.27 2013가합6773

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. The plaintiff's assertion ① The plaintiff, under the real name of both sides during the military service, lent 1.58 million won for consolation benefits received from the military unit in 1980, 10 million won for living expenses received from the Ministry of Patriots and Veterans in 1986, 3.6 million won for each month from January 1, 1986 to December 1, 1991, and 4.9.5 million won for ground repair expenses for Gosung-gun (hereinafter "F") to the defendant Eul, whose father is the father.

② The Plaintiff, around 1987, lent KRW 3 million to Defendant B, a deposit for lease of a house leased by Defendant C for the Defendant C, and KRW 72 million, which Defendant C received from January 1, 1992 to December 1996 in order to pay for their living expenses after Defendant C gave birth to Defendant C (hereinafter “Defendant D”), and leased KRW 98 million, totaling KRW 23 million, the amount of compensation for damage that the Plaintiff received from the Musan Cooperative, due to the wastewater outflow, due to the damage of the shellfish fish plantation operated by the Plaintiff from the Musan Cooperative.

③ Defendant B had the Plaintiff pay KRW 15 million for the repair cost of the G ground house in which Defendant B resides. On March 7, 2005, Defendant B received a loan of KRW 40 million from the new Seongbuk Saemaeul Community Fund as collateral, and decided to transfer the Plaintiff’s ownership immediately upon the Plaintiff’s request, instead of “E land and its ground buildings are owned by the Plaintiff,” Defendant B paid the said loan to the Plaintiff and paid Defendant D’s school expenses, etc., and paid KRW 800,000 per month for the living expenses of Defendant B.

Accordingly, the Plaintiff paid 35 million won in total of the school expenses and medical fees of Defendant D, 12 million won in the school expenses of the foreign grandchildren of Defendant B, 10 million won in various public charges of Defendant B, 6.5 million won in the hospital expenses of Defendant B, and 6.4 million won in the living expenses of Defendant B from December 2, 2012 to July 2013.

However, unlike the above arrangement, Defendant B had Defendant D on May 3, 2013 with respect to the above E and above land and above ground buildings on April 19, 2013.