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(영문) 수원지방법원안산지원 2016.04.20 2015가단22922
대여금
Text

1. The Defendant’s KRW 19,560,00 for the Plaintiff and 5% per annum from July 16, 2015 to April 20, 2016.

Reasons

1. Basic facts

A. On August 27, 1984, the Defendant and the deceased C (hereinafter “the deceased”) were to report the birth of the Plaintiff (D) as his natural father on August 27, 1984, and they were unable to report the birth of their natural father.

B. On July 1, 2009, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of paternity with the Seoul Family Court Decision 2009No. 63437.

On October 22, 2009, the above court rendered a judgment to accept the plaintiff's claim on October 22, 2009, and the above judgment became final and conclusive on December 22, 2009.

C. The Plaintiff transferred money from December 26, 2007 to June 23, 201 to G account in the name of the Defendant, the Defendant’s children E, the Defendant’s incidental F, and the Defendant’s seat as shown in the attached Table.

(hereinafter referred to as the “instant money”). The Defendant used the said F’s account in one’s own way.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 2, 3 and 4, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff lent to the Defendant the sum of KRW 25,010,000 in cash and KRW 10,000 in cash due to living expenses, hospital expenses, etc.

Therefore, the defendant is obligated to complete payment of KRW 35,010,000 to the plaintiff.

B. Each of the instant money by Defendant is not borrowed money as follows, but merely borrowed money of KRW 10,000,000 to the Plaintiff.

1) The instant money 1: 2. The amount the Plaintiff donated at the deceased’s hospital’s expense 2, 3, 5-9: 3. The amount the Plaintiff donated at the deceased’s charnel house expense: 4. The amount the Plaintiff donated to E: 10, 14, 15, 18, 19, 20, 22, 23, 26, 27, 28, 29, 29, 31, 33, 32, 34. The amount the Plaintiff donated to G 5) of this case 12,21, 21, 32, 34: the amount the Plaintiff donated to G by the Plaintiff to make a self-investment request by the Plaintiff for the transfer to G 1, 13, 16, 17, 24, 25, 30

3. Determination

(a) 2.2.2

1) At the time when the Plaintiff remitted the said money, the Defendant and the economic life, both of which were 20 to 30 adults at the time of remitting the said money, are different.

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