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(영문) 대구지방법원 2019.02.21 2018가단15335
대여금
Text

1. The plaintiff C's primary claim and the plaintiff A and B's claim are dismissed.

2. Of the instant lawsuit, Plaintiff C’s ancillary claim.

Reasons

1. Basic facts

A. The defendant's omission E is the husband of the plaintiff C.

Plaintiff

C is a father and son and woman of Plaintiff A, and son and woman of Plaintiff B.

(b) E is operating by opening the cosmetic store in Busan.

C. The Plaintiff C filed a lawsuit against E, such as divorce, (the Busan Family Court 2018Ddan213381) and is pending in the lawsuit.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination of the Plaintiff C’s primary cause of claim, Plaintiff A, and Plaintiff B’s primary cause of claim

A. The Plaintiffs asserted that they lent the following money to the Defendant’s account.

The defendant is obligated to repay the borrowed money.

Plaintiff B 1 on May 6, 2011: 3,00,000,00 on July 7, 2014; 13,000,000,000 on August 21, 2015; 13,000,00 on September 24, 2015; 16,00,00 on May 6, 2017, 200; 30.6,00,00,00 on September 24, 2015; 15,06. 1, 207. 1, 207. 20, 205; 1,408,414; 11,438, 475, 2012; 1,000,000 on July 6, 2015; 1, 2005;

B. (1) In order to establish a monetary loan, the recipient of the money must agree to return it to the same amount.

If the defendant asserts that such fact, it is not sufficient to recognize that the plaintiff has to prove and that the defendant has lent money to the defendant's account alone.

(See Supreme Court Decision 2017Da37324 Decided January 24, 2018 (see, e.g., Supreme Court Decision 2017Da37324). (2) According to the evidence Nos. 2, 3, and 5, the fact that the Defendant was remitted to the account under the name of the Defendant, such as

[3] However, in light of the following circumstances, in light of the statement of evidence No. 2, 3, and 5 as well as the purport of the entire pleading, the money transferred to the Defendant’s account under the name of the Defendant was transferred from the Defendant’s account to the Plaintiff.

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