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(영문) 대구고등법원 2018.05.30 2017나21986
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the Defendant’s mother.

B. On March 19, 2016, the Defendant purchased the south-gu C land and the multi-family house with the fourth floor above the ground (hereinafter referred to as “D”) at the port on March 19, 2016 and purchased the same year.

4. 15. Completion of the registration of ownership transfer under Defendant’s name.

C. From the Plaintiff’s account under the name of the Plaintiff, the Plaintiff transferred KRW 30 million, which was around the time of D contract, and KRW 30 million on March 19, 2016, to F as the down payment. On April 15, 2016, the Plaintiff transferred KRW 156,500,000 to F under the name of the seller, such as the remainder, etc., and on June 3, 2016, transferred KRW 60 million to E, a tenant of D, under the name of return of the deposit for deposit for lease.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, and 10 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. While purchasing D, the Defendant, who is the Plaintiff’s son, lent money to the Plaintiff as necessary for the return of part of the purchase fund and the deposit for the deposit for the lease of the lease of the lease of the lease to the Do resident, and the Plaintiff lent the sum of KRW 276,500,000 (hereinafter “the instant money”) from the account in the name of the Plaintiff to D’s seller, tenant, etc. directly.

However, since the defendant has not repaid the above money to the plaintiff up to the present day, the defendant is obligated to pay the plaintiff 276,500,000 won and damages for delay.

B. The Defendant, together with the Plaintiff, has invested from August 2014 to March 2015 with the Plaintiff and operated a business of purchasing and leasing 3 debentures under the Plaintiff’s name. Before purchasing D in the name of the Defendant, the Defendant was in exclusive charge of managing the 3 debentures sudio building.

In addition, since from June 201, the Defendant had transferred money equivalent to KRW 320 million to the Plaintiff from June 201 to the purchase of D in the name of the Defendant, the instant money claimed by the Plaintiff as the loan was part of the said money invested by the Defendant in the Plaintiff.

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