logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2014.08.14 2013가단15672
채무부존재확인 등
Text

1. The amount of KRW 50,00,000 on May 14, 2007 and KRW 25,000,000 on the same date between the Plaintiff (Counterclaim Defendant) and the deceased C, respectively.

Reasons

1. Basic facts

A. On May 14, 2007, the Plaintiff: (a) as between C on May 14, 2007, the obligee “C”, and the borrower “Plaintiff” are common; and (b) as of April 2, 2008, the date of repayment, the loan amount of KRW 50 million, ② the loan amount of KRW 25 million, the due date of repayment, and the two copies of the loan certificate of KRW 2 as of December 2007, respectively.

B. The Plaintiff established the right to collateral security (hereinafter “instant right to collateral security”) (No. 21351), which was received on May 11, 2007, on each real estate listed in the separate sheet No. 1 list owned by the Plaintiff, as the mortgagee C, the obligor, and the maximum debt amount of KRW 80,000,000.

C. C died on July 13, 2011, and C (hereinafter “the deceased”)’s wife, the Defendant, as the wife of C (hereinafter “the deceased”), was the Plaintiff of the deceased.

The loan claim stated in the subsection (hereinafter “the loan claim of this case”) is solely inherited by agreement and division, and the registration of transfer is completed on April 22, 2013 in the name of the defendant with respect to the mortgage of this case.

From March 7, 2006 to January 4, 2010, the Plaintiff traded money via a financial account with the Deceased on a total of 52 occasions. Of these, the money transferred to the Plaintiff by the Deceased was total of KRW 70.8 million, and the money transferred by the Plaintiff to the Deceased was total of KRW 8204,50,000.

Meanwhile, after the death of the Deceased, the Plaintiff transferred KRW 3.3 million to the Defendant over 11 times in total from February 27, 2012 to January 31, 2013.

(Voluntary entry and withdrawal details are as shown in attached Table 2). [The grounds for recognition] Gap evidence 1-2-4, Gap evidence 2-2-4, Eul evidence 4-1 to 8, Eul evidence 1-3, 4, 5, 18, Eul evidence 4, and the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff borrowed KRW 9,58 million in cash around May 3, 2007, plus KRW 25 million from the deceased’s financial account. Around January 11, 2008, the Plaintiff repaid KRW 5.5 million in cash to the Defendant, plus KRW 3.5 million in total, and KRW 9,089,00 in cash, which was remitted to the Defendant, around January 11, 2008.

arrow