logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2019.05.02 2018가단34915
계금반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts to the effect that, around 2010, the Plaintiff and the Defendant made an agreement between the Defendant to pay the fraternity to the Defendant on the basis of the agreement between March 31, 2010 and March 14, 2017, the Plaintiff paid KRW 30,480,00 in total over 40 times between March 31, 2010 and March 14, 2017, the Defendant is obligated to pay the fraternity amount of KRW 30,480,00 and delay damages pursuant to the agreement.

The fact that the Plaintiff paid a sum of KRW 30,480,00 to the Defendant during the period from March 31, 2010 to March 14, 2017 is no dispute between the parties.

However, as to the conclusion of the above agreement between the plaintiff and the defendant, each statement of Gap evidence Nos. 1 through 15 is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the pleadings in each statement in Eul evidence Nos. 1 through 10 (including the number of branch numbers), the above KRW 30,480,000 appears to have been paid on behalf of the plaintiff, who is the mother of the plaintiff, in accordance with the agreement with the defendant.

Therefore, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow