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(영문) 수원지방법원안산지원 2019.09.19 2019가합5793
대여금
Text

1. The plaintiff's claim against the defendant is dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant.

Reasons

1. Basic facts

(a) Upon the Defendant’s father’s request for 1.2.3 million won: 2.3 million won on December 3, 2012; 3.4 million won on August 30, 2013; 2.3 million won on December 21, 2012; 3.4 million won on December 23, 2012; 1.3 million won on December 24, 2012; 2.1.7 million won on December 24, 2012; 3.7 million won on January 7, 2013; 2.7 million won on January 24, 2013; 3.7 million won on January 25, 2013; 1.3 million won on January 1, 2013; 2.3 million won on July 1, 200, 2000 won on January 25, 2013;

B. C: (1) With respect to remittance, etc., KRW 10 million for loans on December 3, 2012; KRW 50 million for loans on January 24, 2013; KRW 50 million for loans on February 13, 2013; KRW 20 million for loans on August 15, 2013; KRW 30 million for loans on the same day; KRW 50 million for loans on April 26, 2013; KRW 10 million for loans on September 15, 2013; KRW 10 million for loans on September 26, 2013; KRW 10 million for loans on October 26, 2013; and KRW 60 million for loans on June 8, 2015.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (Ga number omitted, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion agreed to lend money to C and refund KRW 280 million in principal and interest amount to C.

Since the defendant transferred part of the borrowed money to the defendant's account as C's children, the defendant is jointly and severally liable with C to pay to the plaintiff KRW 280 million and delay damages.

3. Determination

A. First, the defendant is C's.

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