logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.11.28 2019가단4482
대여금
Text

1. The Defendant’s KRW 80,000,000 as well as the Plaintiff’s annual interest from April 9, 2019 to May 31, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff was born on the D date between the deceased C and the former, but did not report the birth at that time.

Since then, on April 28, 1976, the deceased C reported the marriage to the deceased E and April 28, 1976, and the Plaintiff reported the birth of the deceased C and the deceased E on the same day.

B. On June 3, 2015, from the network E IBK account to the Defendant’s national bank account, a partner of the network E, from June 3, 2015, KRW 80 million was transferred from August 5, 2015 to the Defendant’s wife F’s agricultural bank account.

C. Meanwhile, the deceased on September 29, 2006, G born between the deceased C and the deceased on September 29, 2013, and the deceased on December 18, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 9, purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff asserted, the Plaintiff was born between C and the deceased and C, and C independently reported the birth, the Plaintiff had formed a family relationship with the intent to adopt, and thus, the Plaintiff succeeds to E as both.

In addition, if E transfers 8 million won to the defendant and the defendant deposited 3.5 million won per month, E lends 8 million won to the defendant, and the above 3.5 million won is paid to the defendant as interest.

Therefore, the Defendant is obligated to pay the Plaintiff the loan amounting to eight million won and the delay damages.

B. Defendant’s assertion 1) The Plaintiff is not the heir of E. First, not only the Plaintiff’s report of birth but also the Plaintiff’s report of birth for the Plaintiff’s elementary school admission. Therefore, the Plaintiff and E are not in a adoptive parent relationship. Therefore, even if the Plaintiff’s heir, the Plaintiff cannot assert the right to KRW 8 million to the Defendant, as it is not a donation of KRW 8 million to the Defendant.

arrow