logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.03 2018나70600
과불금 반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff and D (former names E, hereinafter “D”) were married couple in 2018, and they were married in 2018, and Defendant B and Defendant C are married, and Defendant D and Defendant C are married.

B. On November 10, 2008, Defendant B remitted KRW 10,000,000 to the Plaintiff’s national bank account from his own Nonghyup Bank account.

C. On November 18, 2008, the Plaintiff transferred KRW 5,000,000 from his national bank account to Defendant B’s above Nong Bank account, and KRW 3,000,000 on December 30, 2009 to Defendant C’s Nong Bank account, and KRW 10,500,000 on December 31, 2009.

The Plaintiff remitted each of Defendant C’s above Nonghyup Bank accounts, KRW 50 million on February 2, 201, KRW 3,000,000 on August 26, 2011, KRW 2,330,00 on August 27, 2011, and KRW 5,830,00 on August 27, 201.

(hereinafter “instant remittance”). 【No dispute exists, entry in Gap’s evidence Nos. 1 through 5, and the purport of the entire pleadings.”

2. The parties' assertion

A. On November 10, 2008, the Plaintiff borrowed KRW 10,000,000 from Defendant B to use for marriage expenses of the Plaintiff and F, who is the children of Plaintiff D, and then remitted KRW 5,000,000 to Defendant B’s Nonghyup Bank account and KRW 5,50,000,000 in total to Defendant C’s Nonghyup Bank account and KRW 10,500,000 in total to repay the principal and interest of the above loan.

However, the Plaintiff asserted that Defendant C had not yet repaid KRW 5,00,000 out of the above loan debt in the course of communicating with Defendant C around the end of January, 201, and that the Plaintiff believed Defendant C’s horse as a fact and failed to repay the above loan debt, thereby making the instant remittance again.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 5,830,000 won of the remittance amount of this case, and damages for delay calculated at the rate of 5% per annum from August 27, 2011 to the delivery date of a copy of the complaint of this case, and 15% per annum from the following day to the day of complete payment.

B. The Defendants’ remittance of this case is not the obligation of borrowing funds from November 10, 2008, but the Plaintiff.

arrow