logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.20 2015가단50495
대여금
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. From March 11, 2011 to October 6, 2011, the network A (hereinafter “the network”) remitted KRW 70,300,000 to the account under the Defendant’s name.

B. The Deceased died during the instant lawsuit, and the Plaintiffs inherited the Deceased’s children as their children, and subsequently filed an application for resumption of the lawsuit.

[Recognition] Facts without dispute, Gap 1 and 2 evidence, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment plaintiffs asserted that the deceased lent the above KRW 71.3 million to the defendant, and the defendant paid the principal amount of KRW 36.3 million including interest. Thus, the defendant asserts that the defendant bears the obligation to pay the remaining amount of KRW 35 million to the plaintiffs.

According to the above facts of recognition, although the deceased could be recognized that he remitted the money claimed by the plaintiffs to the defendant as a passbook in the name of the defendant, the above facts of recognition alone are insufficient to recognize that the deceased lent money to the defendant, there is no other evidence to acknowledge it, and rather, according to the evidence Eul and witness E's testimony, it is reasonable to view that the deceased lent the money to E by the introduction of the defendant

Therefore, the plaintiffs' above assertion is without merit.

3. In conclusion, the plaintiffs' claims are dismissed. It is so decided as per Disposition.

arrow