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(영문) 서울중앙지방법원 2018.01.31 2017나51817
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On November 25, 2009, the summary of the Plaintiff’s claim, the co-Plaintiff C (hereinafter “C”) of the first instance trial is the Plaintiff’s son, and C concluded a lease agreement with D as to No. 65,000,000 won with respect to No. 2 of the Gomomoon E-stra owned by Gomoon, Dongjak-gu Seoul, Seoul, Seoul, and paid to D the amount of KRW 45,00,000 under C’s name in order to use the lease deposit as the lease deposit.

However, during the period from January 21, 2010 to January 22, 2010, the Defendant, who is the father of C and the husband of the Plaintiff, was returned KRW 20,000,000 out of the deposit money from D through the Plaintiff’s passbook, and used it at will without obtaining the consent of the Plaintiff and C.

Therefore, the defendant is obligated to return the above 20,000,000 won to the plaintiff and C.

2. It is not sufficient to recognize that the Defendant received return of KRW 20,00,00 out of the above lease deposit without the consent of the Plaintiff and C, and there is no other evidence to acknowledge otherwise.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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