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(영문) 인천지방법원부천지원 2017.08.17 2016가단118617
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

A. The Plaintiff is the spouse of E who completed the marriage report with E on August 17, 2009, and Defendant B and C are parents of E, and Defendant D is the female of E.

B. The Plaintiff and E entered Defendant B and C’s residence from November 2009 and lived together with the said Defendants.

C. The Plaintiff wired KRW 60,000,000 on August 26, 201 to Defendant B’s passbook, and KRW 40,000,000 on April 11, 2012, and KRW 15,000,00 on July 8, 2013, to Defendant D’s passbook, and wired KRW 60,00,000 on October 29, 201 to Defendant D’s passbook.

From October 25, 2011 to November 27, 2015, the Plaintiff paid 16,839,840 won on behalf of Defendant B, including various management expenses, public charges, etc. concerning real estate owned by Defendant B.

E. On October 28, 2016, the Plaintiff filed a claim suit against E, including divorce and solatium of KRW 50,000,000, and division of property amount of KRW 118,30,000,00, with Suwon District Court 2016Ddan 510751, against E. On March 7, 2017, the conciliation was concluded as claimed by the Plaintiff on March 7, 2017, by accepting the Plaintiff’s claim.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 9, 15, Eul evidence 4 and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Plaintiff’s assertion 1) Upon Defendant B and C’s request, the Plaintiff remitted KRW 60,00,000 to Defendant B’s passbook, and lent KRW 76,839,840 to Defendant B and C a total of KRW 16,839,840 by means of substitute payment of KRW 16,839,840. 2) The Defendants deceiving the Plaintiff as to the need for deposit money regardless of the real estate rent in Defendant B, thereby deceiving the Plaintiff from the Plaintiff to transfer KRW 40,00,00 to the passbook in the name of Defendant D’s deposit account, and acquired the above KRW 40,000 by using the money as Defendant D’s deposit account. If the Defendants did not take over the above KRW 40,000,000 without any legal cause, they should be returned to the Plaintiff.

3. Accordingly, the Plaintiff:

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