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(영문) 서울서부지방법원 2015.09.23 2014가합31752 (1)
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the Plaintiff lent a total of KRW 275,290,691 to the Defendant from May 4, 2009 to March 15, 2013, and sought payment of KRW 205,590,691.

(A) According to the following: (a) the Plaintiff asserted that the amount of loan was KRW 205,590,691 upon filing a lawsuit; (b) however, on September 1, 2015, the Plaintiff changed the amount to KRW 275,290,691 through a preparatory document as of September 1, 2015, but did not expand the purport of the claim; and (c) according to the following results: (a) the details in each of the items in the Plaintiff’s 2-1, 5-3, and 2, and 4, and the head of the Korea Bank Receiving Service Center and the head of the new Bank Support Center; (b) the Plaintiff claimed that the Plaintiff lent the amount of loan in cash (1.7 million won, and there is no evidence to acknowledge that the first part was delivered to the Defendant or the Defendant after the withdrawal).

However, in full view of the statements in Eul 6, 7, and 8 and the purport of the entire arguments on the financial transaction information as a whole, the plaintiff can be acknowledged as follows: (a) he/she was living together with the defendant's son from January 2009 to July, and maintained a de facto marital relationship for about four years from November 27, 2013 after the marriage report was completed on August 13, 2010 to the claim for annulment of marriage; (b) while the plaintiff was a home owner without any separate income during the above period, he/she operated "D" in the name of "D; (c) deposit was made from many unspecified persons each month through the bank in the name of the plaintiff; and (d) the fact that the mobile phone charge and settlement card payment was deposited from many unspecified persons during the same period; and (e) there is sufficient room for the plaintiff to deem the account in the name of the plaintiff as a business purpose or the marital relationship between the plaintiff and the plaintiff; and (e) the plaintiff's fraud was made.

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