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(영문) 서울서부지방법원 2015.04.02 2014가단244674
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 29, 2004, the Plaintiff transferred KRW 15,000,00 to the account of the deceased C (hereinafter “the deceased”), and the Deceased transferred the said money to D, a student of the same day.

B. From March 2, 2005 to November 30 of the same year, the Deceased remitted 150,000 won to the Plaintiff.

C. The Plaintiff intended to recover the above loan claims from Eunpyeong-gu Seoul E-building No. 401, Seoul E-building No. 401 (Seoul Western District Court F) as a creditor against D, but failed to recover the said loan claims.

The Deceased was declared bankrupt on July 27, 2007 (Seoul Central District Court 2007Hadan18507) by the Seoul Central District Court, and the decision to grant immunity on October 4, 2007 (Seoul Central District Court 2007Ma18523).

E. From February 16, 2009, the Plaintiff filed a payment order with D on the ground that “the Plaintiff lent 15,000,000 won interest to D on December 20, 2004 by 1% per month,” and issued a payment order from D on February 16, 2009, stating that “D shall pay 15,000,000 won interest and delay damages to the Plaintiff.”

F. D, on January 16, 2014, filed an application for adjudication of bankruptcy with the Seoul Central District Court No. 2014Hadan492, and included the Plaintiff in the list of creditors.

G. The Deceased died on October 2013, and the Defendant is the husband of the Deceased.

[Ground for Recognition: Facts without dispute, Gap evidence 2, Eul evidence 1 to 9, the purport of the whole pleadings]

2. As the cause of the instant claim, the Plaintiff lent interest of KRW 15,00,00 to the deceased, who is the Defendant’s wife, at KRW 150,00 per month. The Deceased paid KRW 1,350,000 in total from March 2, 2005 to November 30, 2005, and died on October 15, 2013. As such, the Defendant, as the inheritor of the Deceased, shall pay the Plaintiff the amount of KRW 15,00,000,000, interest and delay damages on the leased principal, and the amount indicated in the purport of the claim.

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