logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.14 2016나39273
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 judgment of the court of first instance.

Reasons

1. In addition to the purport of each statement in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the plaintiff transferred 117,478,500 won in total to the defendant's, B, E, and F's account at the request of the co-defendant of the first instance trial, as shown in the separate sheet No. 117,478,500. Of these facts, the money remitted to the defendant's account (national bank) was transferred to the defendant's account No. 18,58,500 on August 30, 2014; and the amount transferred to the defendant's account No. 30,500,000 won on November 26, 2014; the above 48,558,500 won was immediately transferred to the defendant's bank account No. 2 on the date of deposit; and the defendant's money transferred to the defendant's account No. 301,50,250,50. G.

2. Assertion and determination

A. The plaintiff asserts that the defendant, as the wife B, requested the lending of the above money along with B, and used the loaned money as construction cost or cost of living in the house. Thus, the plaintiff is jointly and severally obligated with B to return the above loan.

However, there is no evidence to prove that the Defendant requested the Plaintiff to lend money or concluded a lending agreement with the Plaintiff.

In addition, according to the Plaintiff’s remittance of part of the above money to the Defendant’s account, but the deposited money was immediately remitted to a third party, and the Plaintiff used the above account, and according to the evidence Nos. 3 and 4, the Plaintiff’s evidence presented by the Plaintiff is difficult to readily conclude that the Plaintiff’s money deposited to the Defendant’s account was used as the expenses of interior work or the Defendant’s living, as alleged by the Plaintiff, and there is no other evidence to acknowledge it.

arrow