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(영문) 서울서부지방법원 2015.06.26 2014가단43628
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The plaintiffs asserted that the defendant, a de facto spouse of the defendant, was hospitalized in the hospital and required to pay money, and that the plaintiff A transferred the sum of KRW 16,100,000,000 from July 28, 201 to November 6, 2012, and the plaintiff B transferred the sum of KRW 8,000,000 to the agricultural bank account in the name of the defendant to the defendant's agricultural bank account.

The fact that the plaintiffs remitted the total amount of KRW 24,100,000 to the Agricultural Cooperative Account in the name of the defendant is not a dispute between the parties.

However, the defendant asserts that D merely borrowed the above money from the plaintiff B, which is irrelevant to the defendant.

On the other hand, the plaintiffs asserted that they remitted money to the defendant's name account at D's request. Thus, the plaintiffs merely remitted money to the defendant's name account known to D upon D's request, and it seems that D did not directly make an agreement on money lending with the defendant. D was de facto in a de facto marital relationship with the defendant, and D appears to have used the above Nong Bank account under the defendant's name in full view of the whole purport of the arguments as a result of the order to provide financial transaction information to the defendant. According to Gap 2's records, D is not sufficient to recognize that the plaintiffs remitted money to the defendant's name at the time of the application for bankruptcy and exemption from liability to the defendant, and there is no other evidence to prove this.

Therefore, the plaintiffs' claims are dismissed in entirety because they are without merit.

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