(영문) 광주지방법원 2020.07.24 2020가단506979

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(영문) 광주지방법원 2020.07.24 2020가단506979

대여금

Text

1. The Plaintiff; Defendant B shall be KRW 78,00,000; Defendant C shall be KRW 52,000,000; and each of the above amounts shall be from March 18, 2020.

Reasons

1. Basic facts

A. The plaintiff is the birth of the deceased D (the deceased on January 1, 2020, hereinafter "the deceased") and the defendant B was the deceased's spouse. The defendant C is the deceased's father and the defendant C is the deceased's wife.

B. On April 2018, the Plaintiff lent KRW 245,00,000 to the Deceased without determining the due date.

C. On May 11, 2018, the Deceased repaid KRW 115,00,000 out of the borrowed money to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff the amount (Defendant B78,000,000,000 won, Defendant C52,00,000 won, and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 18, 2020 to the date of delivery of a copy of the complaint of this case, to the date of full payment.

The Defendants asserted that the Deceased paid KRW 40,000,000 to the Plaintiff on or around September 24, 2019. The Plaintiff asserted that KRW 40,000,000, which was remitted by the Deceased on or around September 24, 2019, was part of the money that the Deceased, his mother, and E, left to the Deceased, was 50,000,000.

According to the statements in Gap evidence No. 9, Eul evidence No. 1, and Eul evidence No. 4, around August 10, 2018, Eul remitted KRW 50,000 to the deceased's account, and the above money was deposited on the same day. The plaintiff sent the deceased's text message "on September 24, 2019, the plaintiff sent the deceased's text message "on September 24, 2019, 40 million won which was sent to the deceased at a time after the remainder of the 27th apartment day," and the deceased transferred KRW 35,680,372 to the plaintiff, including the money which was originally deposited into his account, and the deceased sent KRW 40,00,000 to the deceased."

According to the above facts of recognition, the Deceased on August 10, 2018.

유사 판례

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