logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.05.12 2014가합51301
대여금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on December 24, 2010, and the deceased’s heir has E, F, Defendant C, Plaintiff, and other designated parties, who are the deceased’s children.

B. The Defendants are the couple’s temporary domicile, and the Defendant B is the member of the G church.

C. On May 23, 2005, the Deceased withdrawn KRW 500 million (hereinafter “instant KRW 500 million”) from the deposit account in his own name at the monthly branch of the Agricultural Cooperatives, and around that time, Defendant B received the said cashier’s check and deposited it into the account of the Incheon Fisheries Cooperatives Association in the name of the G School on May 25, 2005.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 3, the result of the personal examination of defendant B, the result of this court's order to submit each of the financial transaction information to the president of the National Federation of Bank of Korea on May 22, 2014, the director of the Seoul Agricultural Cooperatives branch on May 29, 2014, and the director of the Incheon Fisheries Cooperatives Association on June 18, 2014, as a result of the entire pleadings.

2. Determination on this safety defense

A. The Defendants asserted that the Plaintiff’s loan was a loan amount of KRW 500 million, not the Defendants, and therefore, asserted that the Plaintiff’s lawsuit against the Defendants was unlawful because it was not the Defendant’s standing. However, such assertion does not have any relationship with the Defendant’s standing, as alleged in the grounds related to the substance, and thus, cannot be accepted in itself.

B. In addition, the Defendants asserted to the effect that there was an agreement between the Plaintiff, the designated parties and the Defendants not to dispute any longer on the deceased’s inherited property. However, it is not sufficient to acknowledge that there was an agreement between the Plaintiff, the designated parties and the Defendants on the part of the documents No. 9-1 through No. 4, and there is no evidence to acknowledge otherwise, and thus, the above assertion is rejected.

3. Judgment on the merits

A. The plaintiff's assertion 1) The main point of the plaintiff's assertion is the plaintiff's assertion, and the defendants are the defendants on May 25, 2005.

arrow