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(영문) 수원지방법원 2016.09.08 2016가단509682
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The key issue of the instant case is that the Plaintiff transferred KRW 50,000 to an account in the Defendant’s name, his/her father on December 23, 2008, is not a dispute between the parties.

The plaintiff asserts that the above KRW 50 million was leased to the defendant and sought the return thereof.

As to this, the defendant asserts that the above KRW 50 million was not lent by the defendant from the plaintiff, but the defendant's error and the defendant's son, the plaintiff's son, remitted the construction cost to the plaintiff's her sense that he was born in the plaintiff's name.

Ultimately, the issue of the instant case is whether the said KRW 50 million was remitted to the Plaintiff’s loans to the Defendant, and whether the said construction cost was remitted to the effect that C was born as a result of the Plaintiff’s house establishment.

2. First of all, the Plaintiff’s assertion that the above KRW 50 million was remitted with the loan, and the witness C’s testimony is difficult to believe this, and there is no other evidence to support the Plaintiff’s assertion that the above KRW 50 million was remitted with the loan.

Rather, comprehensively taking account of the overall purport of arguments in the statements Nos. 1, 3, and 2-1 and 2, C shall work for about 30 years at the D Company and shall have retired from work in the name of the Plaintiff from April 2008, and C shall have started to work in the name of the Plaintiff from April 2008, and C shall have managed construction expenses by using the account in the name of the Defendant in the name of the female student in order to prevent property from being subject to property division in the case of divorce with his wife at the time. The Defendant paid money exceeding KRW 50 million from September 23, 2008 to December 23 of the same year as above at the construction cost incurred by the Plaintiff in giving money to the Plaintiff, the Defendant, C, and F (the Plaintiff’s mother and mother, as the Plaintiff’s mother and mother) in the name of the Plaintiff, and to the purport that the Defendant paid money to the Plaintiff in his name.

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