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(영문) 서울서부지방법원 2015.08.21 2015나31616
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 29, 2004, the Plaintiff remitted 15 million won to C’s account, and C wired the said money to D as of the same day.

B. C transferred to the Plaintiff KRW 150,000 over several occasions from March 2, 2005 to November 30 of the same year.

C. C A died on October 2013 (hereinafter “the deceased”), and the Defendant is the husband of the deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Determination:

A. The plaintiff asserts that he lent the above KRW 15 million to the deceased, and that the defendant, the inheritor of the deceased, is liable to pay the above loans.

The defendant asserts that the above KRW 15 million was borrowed by D, not the deceased.

B. Considering the overall purport of the statements and arguments by Gap evidence Nos. 4 and 5, Eul evidence Nos. 1 and 9, the plaintiff sought to recover the above loan claims as creditor against D in the Eunpyeong-gu Seoul Metropolitan Government E-building No. 401 (Seoul Western District Court F) but failed to recover the above money. The deceased declared bankrupt on July 27, 2007 (Seoul Central District Court Decision 2007Hadan18507) from the Seoul Central District Court (Seoul Central District Court 2007Ha decided Oct. 4, 2007) and the decision to grant immunity (Seoul Central District Court 2007Mo18523) on Oct. 4, 2007. The plaintiff did not include the plaintiff in the creditor list, and the plaintiff applied to the Seoul Central District Court 200,000,000 Do 1010,000,000 Do 16,010.

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