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(영문) 창원지방법원마산지원 2020.01.14 2018가단104286
대여금
Text

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

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

Reasons

1. Basic facts

A. The plaintiff is the father of the defendant C and the defendant D, and the defendant D and the defendant E are the couple.

B. On October 16, 2009, the Plaintiff and Defendant C purchased the Plaintiff’s housing located in the Changwon-si, Changwon-si from G for KRW 200 million. At that time, the Plaintiff and Defendant C acquired the obligation to return each lease deposit to I, J, and K, a lessee of the said housing.

On January 15, 2010, the Plaintiff paid Defendant C a cash of KRW 50 million with the purchase price of the above house, and Defendant C completed the registration of ownership transfer on the same day.

Defendant C paid KRW 20 million to the Plaintiff as a check on February 2, 2017.

C. The Plaintiff loaned KRW 100 million to Defendant E around January 4, 2010.

Defendant E prepared a loan certificate and delivered it to the Plaintiff, and paid 50,000 won interest to the Plaintiff from February to August of that year.

According to the statement Nos. 10-1 and 2 of the evidence Nos. 10-2, the actual borrower is around January 2009. Defendant E may have paid 50,000 won per month to the Plaintiff from around that time. However, according to the Plaintiff’s assertion, it is recognized as the main text.

On June 23, 2010, Defendant E completed on June 23, 2010, the registration of creation of a mortgage over KRW 120 million with respect to 1/2 of his/her share among forests and fields located in Changwon-si L, Changwon-si, Seoul.

On February 22, 2016, the registration of the establishment of a neighboring mortgage was cancelled on the same day.

Before that, the Plaintiff returned the loan of KRW 100 million to Defendant E through Defendant D on January 4, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 11, and 12 (including additional numbers), the purport of the whole pleadings

2. The Defendants’ prior defenses by the Defendants are determined. The Defendants, although they did not have a mental capacity, MM couple and N, both of whom are South and North, shall be the Plaintiff.

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