logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.04.11 2016가단124918
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff: (a) lent KRW 30,000,00 to C on August 30, 2011; (b) the due date for repayment was determined as the time of sale of C share in the building 108 in Gwangjin-gu Seoul Special Metropolitan City; and (c) the heir, such as the Defendant, etc. succeeded to the above obligation upon the death of C; and (b) the Defendant is liable to pay the Plaintiff KRW 12,857,142 corresponding to the inheritance share among the above loans and the delay damages therefrom.

According to the statement in Gap evidence No. 1, the plaintiff was found to have remitted KRW 30,00,00 to Eul on Aug. 30, 2011, but there is no evidence that the plaintiff received a loan certificate in relation to the above money from Eul, there is no evidence that the plaintiff urged C or the defendant to repay the above money before the lawsuit of this case, and even according to the plaintiff's assertion, C was in a very difficult situation to economicly, and there is no possibility that even if the plaintiff had aided C by donating the above money to his birth, it cannot be ruled out. Considering that the statement in evidence No. 1 alone is insufficient to acknowledge the fact that the plaintiff lent KRW 30,00,00 to Eul, and there is no other evidence to acknowledge it, the above argument of the plaintiff is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow