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(영문) 창원지방법원 2015.09.30 2014가합36054
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From May 21, 2008 to March 21, 2014, E remitted a total of KRW 232,821,000 as shown in the attached list to the Defendant’s account or the E’s account used by the Defendant.

B. E (hereinafter “the deceased”) died on March 28, 2014, and Plaintiff B and C, his wife, Plaintiff B and C.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The parties' assertion

A. As seen earlier, the Plaintiffs transferred KRW 232,821,00 to the Defendant and leased KRW 232,821,00 to the Defendant. Upon the death of the Deceased, the Plaintiff, a co-inheritors, filed a claim for the payment of KRW 99,780,428 out of the Plaintiff’s loans (=232,821,00 x 3/7 equity) and KRW 66,520,286, respectively, 2/7 equity (=232,821,00 x 2/7 equity x 2/7 equity). Accordingly, the Plaintiff, a co-inheritors, upon the death of the Deceased, claimed for the payment of KRW 50,00,00, KRW 30,000, KRW 300,000, and KRW 30,000, and KRW 2/7 equity interest.

B. It was true that the Defendant received money from the deceased, but it was not a loan from the deceased, but it was paid as living expenses, etc. while living with the deceased, knowing the deceased as divorced. Therefore, the Plaintiffs cannot respond to the above claim.

3. Determination

A. Even if there is no dispute between the parties as to the fact that the amount was received, the plaintiff asserts that the cause of receiving the amount was a loan for consumption, while the defendant asserts that it was received due to a loan for consumption, the plaintiff bears the burden of proving that it was received due to

(See Supreme Court Decision 2012Da30861 Decided July 26, 2012, and 72Da221 Decided December 12, 1972, etc. (see, e.g., Supreme Court Decision 201Da30861, Jul. 26,

Between May 21, 2008 and March 21, 2014, the deceased and the deceased transferred the sum of KRW 232,821,000 as shown in the attached list to the account in the name of the deceased used by the defendant or to the account in the name of the deceased used by the defendant as shown in the attached list.

(b).

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