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(영문) 수원지방법원 2015.09.24 2015가단108020
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On April 12, 2005, the Plaintiff asserted that the Plaintiff lent KRW 36.5 million to D, his/her wife.

However, D did not pay the above loans and died on February 16, 2014, and the husband C and the defendant B succeeded to D.

Therefore, according to the Plaintiff’s shares in inheritance, Defendant C is obligated to pay the damages for delay, such as KRW 21,900,000, and KRW 14,600,000 and KRW 14,60,000 for each of the above money, as stated in the purport of the claim

In addition, the Plaintiff lent to Defendant C the sum of KRW 60 million on April 10, 2007, and KRW 63.4 million on October 22, 2012, and Defendant C did not pay that amount. As such, Defendant C is obliged to pay the said amount and the damages for delay as described in the purport of its claim.

2. Determination

A. According to each of the evidence evidence No. 3 and evidence No. 1, the Plaintiff’s Cit Bank’s account was remitted to D’s corporate bank account. However, solely on the basis of such fact, it cannot be readily concluded that the nature of the transferred money is a loan, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit without further review.

B. According to the evidence Nos. 1, 2, and 1, 6-1, and 2 of the part on the loan claim against Defendant C, the fact that the Plaintiff deposited KRW 60 million from the corporate bank account under the Plaintiff’s name on April 10, 2007, KRW 3.4 million on October 22, 2012, and KRW 60 million was remitted to Defendant C.

However, solely based on the above facts, it cannot be presumed that the Plaintiff lent KRW 63.4 million to Defendant C, and no other evidence exists to prove that the Plaintiff lent the above amount to Defendant C.

In the end, the plaintiff's assertion on this part is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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