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(영문) 수원지방법원안양지원 2016.03.17 2015가단10972
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. C and D are legally married couple, and currently a divorce suit is pending by the Suwon District Court’s Ansan Branch 2015ddan2071, and the Plaintiff is the mother of C and the Defendant is the mother of D.

B. On May 16, 2013, the Plaintiff, at the Defendant’s request, withdrawn KRW 50 million from the financial account in the name of the Plaintiff’s spouse, and paid KRW 50 million to the Defendant via C around that time. On July 31, 2013, the Plaintiff withdrawn KRW 50 million from the financial account in the name of the E and then lent KRW 100 million to the Defendant via C by the method of paying the Defendant via C around that time. As such, the Defendant is obligated to pay the Plaintiff the above loan KRW 100 million and delay damages.

2. Comprehensively taking account of the overall purport of the arguments as to the statements in subparagraphs 1 through 3 of the Plaintiff’s statement, the Plaintiff’s spouse’s financial account was withdrawn from May 16, 2013, and KRW 50 million each on July 31, 2013, and the said amount was paid to C around that time, and the Defendant paid KRW 100 million thereafter. However, the Plaintiff’s lending of KRW 100 million to the Defendant is insufficient to acknowledge the fact that C transferred the same amount of money to the Defendant after withdrawing money from the account in the name of E, other than the Plaintiff’s account in the name of the Plaintiff, and paid money to the Plaintiff, but there is no other evidence to prove otherwise.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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