logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.10.28 2015가합109445
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs are the relatives or descendants of the deceased D (hereinafter referred to as "the deceased"), and the fact that the plaintiff A remitted the sum of KRW 600 million from October 14, 2014 to January 29, 2015, and the sum of KRW 100 million from January 29, 2015 to February 2, 2015 (hereinafter referred to as "amount of remittance of this case") to the bank account under the name of the defendant, the father of the deceased, as the father of the deceased, by each of the parties to the dispute, or by the statement (including the number of pages, hereinafter the same shall apply) in Gap 1 and 2.

The plaintiffs asserted by the parties to the judgment of this court leased the amount of the instant remittance to the defendant upon the request of the defendant who is running a business to deliver shoess and miscellaneouss, etc. from the deceased in China. Thus, they seek reimbursement of each of the above loans against the defendant.

The deceased alleged in the defendant's assertion was sent money from the defendant and the plaintiffs, etc. to the E in China upon the request of the kind-gu E that he/she carries on the business of importing goods in China and delivering them to the Internet shopping mall. In the process, the deceased, who is a bad credit holder, used the above account of the defendant, committed suicide with the knowledge that he/she was guilty, and the defendant was completely unaware of these circumstances until the deceased committed suicide.

The judgment of this court is not sufficient to recognize that a person who borrowed each of the remittances of this case from the plaintiffs is the defendant, with only the descriptions of Gap evidence Nos. 4, 5, and Gap evidence No. 9-1, and there is no other evidence to acknowledge it.

Rather, in addition to the overall purport of the arguments in Gap evidence Nos. 1, 2, 8, and 13, the deceased had been engaged in the business of importing goods in China and supplying them to the Internet shopping mall. During that process, the remittance amount deposited in the defendant's above account and the money transferred to the F's mother to the above account was delivered to Eul, and the deceased's failure of business.

arrow