logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.06.12 2014나6918
대여금
Text

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

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts are recognized, either there is no dispute between the parties to the underlying facts or in full view of the purport of the entire pleadings in each entry in Eul evidence Nos. 1 to 4.

A. The Plaintiff and the deceased B (hereinafter referred to as “the deceased”) have been dead as a researcher around 2009 and around that time. The Plaintiff, while having the key of the deceased’s house, frequently entering the deceased’s house while having access to the deceased’s house, was in fact inside the same as the deceased and the married couple.

B. On September 24, 2013, the Plaintiff remitted KRW 10 million to the bank account of the Deceased, around 10:24, and around 10:27,000,000 on the same day, and immediately after the date, the Deceased returned KRW 20 million to the bank account of the Deceased at around 11:45:59 on the same day, the Deceased paid KRW 10 million from the bank counter to KRW 10 million in cash (one check E) and KRW 10 million in cash (two million in cash). The Plaintiff returned KRW 30 million to the bank account of the Deceased at around 12:41 on the same day, and immediately after the date, the Deceased paid KRW 30 million to the Plaintiff from the bank account of the Deceased at around 13:133 on the same day, the Deceased paid KRW 30 million in the check number of KRW 30 million from the bank counter to the Plaintiff as the check number of KRW 30 million (F).

C. On the other hand, after October 19, 2013, the Plaintiff cut off contact with the Deceased. On November 5, 2013, the Plaintiff filed the instant lawsuit against the Deceased on the ground that the said KRW 50 million (hereinafter “instant KRW 50 million”) was a loan, and filed a claim for the payment order.

On November 22, 2013, the Deceased received a payment order on November 23, 2013, and immediately thereafter filed an objection against the payment order on November 23, 2013. On the other hand, on November 25, 2013, the Gangseo Police Station filed a complaint against the Plaintiff stating that “The Plaintiff requested to keep the money temporarily on September 2013, and received KRW 50 million as the passbook, and the Plaintiff immediately returned the check and cash, but the Plaintiff applied for a false payment order to return KRW 50 million.”

E. In relation to the above complaint of the deceased, the deceased did not have the plaintiff.

arrow