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(영문) 대구지방법원 서부지원 2018.02.23 2017가합50915
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff asserted that he/she lent to E, KRW 50 million on June 21, 2016, and KRW 170 million on July 29, 2016, respectively.

E died on May 16, 2017, and Defendant C and D, the wife B and children, were the inheritor.

Therefore, the Defendants are obligated to pay the Plaintiff the money stated in the purport of the claim and damages for delay thereof according to their respective inheritance shares among the total amount of KRW 220 million upon the return of the loan.

2. First of all, as to whether the Plaintiff lent a total of KRW 220 million to E, there is no dispute over the fact that the Plaintiff transferred a total of KRW 20 million from the Daegu Bank account (Account Number: F; hereinafter “instant account”) under the name of the Plaintiff to the Daegu Bank account (Account Number: G), to the Daegu Bank account (Account Number): June 21, 2016; and KRW 50 million from June 21, 2016; and KRW 170 million from July 29, 2016.

However, inasmuch as the Plaintiff himself/herself asserts that the transfer of loans to the Defendant out of the transaction details of the instant account is a business transaction of E, the transfer of KRW 50 million and KRW 170 million other than the transfer of KRW 170 million are all other transaction details of E, the instant account appears to be a borrowed account that E has lent and managed the Plaintiff’s name.

Therefore, just because the sum of KRW 220 million was remitted from the instant account under the Plaintiff’s name to the account in the name of E, the Plaintiff cannot be readily concluded to have lent money equivalent thereto to E, and there is no other evidence to acknowledge it.

3. Thus, without examining the remaining arguments of the plaintiff, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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