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(영문) 창원지방법원 2018.02.07 2017가단108458
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The basic facts of the claim ① The non-party C (D) who is the defendant's biological mother is living together with the non-party E (name F after the opening of the name) who is the plaintiff's omission.

Around January 18, 2013, the Plaintiff died as his heir, and only the Defendant who is his father. ② On July 16, 201, the Plaintiff leased the real estate located at Kimhae-si with KRW 70 million to Nonparty G and received the registration of creation of chonsegwon in the name of the above E in order to secure the obligation to return the deposit money. G, upon disposing of the real estate to other party, sold the lease contract with the Plaintiff and returned the deposit amount of KRW 70 million to the Plaintiff’s deposit account as of November 16, 2012. ③ The Plaintiff agreed to use the above money and pay KRW 350,000 won per month to the Plaintiff, and the Plaintiff subsequently agreed to receive interest on KRW 140,000 from his heir. However, the Plaintiff’s transfer of the real estate at KRW 201,000,000, which became final and conclusive, and the Plaintiff’s claim for return of the loan was rejected as of 701,000,000 won.

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