(영문) 춘천지방법원 2020.11.26 2020나487 | 리걸엔진

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(영문) 춘천지방법원 2020.11.26 2020나487

대여금

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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. Facts of recognition;

A. On April 22, 2008, the Plaintiff completed the registration of provisional attachment (hereinafter “registration of provisional attachment of this case”) on October 17, 2008, with a claim amounting to KRW 341m2,00,000,000, which was owned by the Defendant’s ZD (hereinafter “the deceased”). The registration of provisional attachment of this case was cancelled on November 26, 2008 on the ground of sale by compulsory auction on October 17, 2008.

B. The Deceased died on February 11, 2019, and the Defendant is the heir of the Deceased.

[Ground of recognition] Unsatisfy, Gap evidence No. 13, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff lent KRW 79 million to the Deceased’s attorney fees, living expenses, oil expenses, and installment of the automobile.

In addition, there was an agreement between the deceased and the Plaintiff that the deceased donated KRW 30 million to the Plaintiff, such as the registration of provisional seizure in this case.

Therefore, the Defendant, the inheritor of the deceased, is obligated to pay the Plaintiff the loan or donation amount of KRW 30 million and damages for delay.

3. According to the records on the evidence No. 12, it is recognized that the phrase “affor the Plaintiff to borrow KRW 30 million from the Plaintiff on April 9, 2015, the entire loan land and E-unauthorized houses will be donated to the Plaintiff as a de facto marriage related person” was written in the column for the use of the deceased’s certificate of personal seal impression issued by the deceased upon his/her request.

However, in full view of the following circumstances, the Plaintiff’s evidence No. 12 and evidence submitted by the Plaintiff alone lent KRW 79 million to the Deceased.

It is insufficient to recognize the fact that the deceased donated KRW 30 million to the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit.

① The Deceased and the Plaintiff lent KRW 79 million to the Deceased.

The deceased’s gift of KRW 30 million to the Plaintiff.

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