logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.02.12 2014나24188
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. Defendant B is the birth of the Plaintiff’s former wife D, and Defendant C is the spouse of Defendant B.

B. On February 201, 201, the Plaintiff and D left custody of E, a child, to the Defendants, and E, from around that time, lived together with the Defendants’ entire set of money in Ansan-si F.

C. On March 4, 2011, the Defendants purchased 401 multi-household G multi-household 4,000,000,000 won for KRW 114,000,000,000. On April 29, 2011, the Defendants remitted KRW 13 million to Defendant C on the same day.

In addition, the Plaintiff remitted to Defendant C the amount of KRW 1.5 million on March 29, 201, and KRW 1.5 million on July 1, 2011, respectively.

E. However, as E’s residence at the Defendants’ house was no longer sufficient, the Defendants continued to bear KRW 310,000 (including cleaning expenses) monthly income until E enters a high school in which E’s dormitory on August 201, 201, taking a deposit of KRW 3 million into consideration, and around March 2012, E continued to pay KRW 3.1 million (including KRW 10,000).

F. Meanwhile, the Defendants remitted to the Plaintiff KRW 10 million on March 7, 2012, KRW 310,000,000 on March 20, 2012, KRW 310,000 on April 21, 2012, KRW 300,000 on June 20, 2012, KRW 300,000 on September 30, 2012, KRW 300,00 on November 10, 2012, KRW 300,000 on December 30, 2012, and KRW 300,00 on January 11, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The Plaintiff asserted that, at the request of the Defendants who had been required to purchase housing, the Plaintiff: (a) delivered cash KRW 17 million to the Defendants as part payments; and (b) transferred KRW 13 million under the remainder on April 29, 201; and (c) lent KRW 30 million in total under the pretext of the remainder; and (b) filed a claim against the Defendants for the return of the said loan and the payment of damages for delay.

As to this, the Defendants did not receive KRW 17 million from the Plaintiff, and did not borrow KRW 13,00,000 from the Plaintiff on April 29, 201.

3. Determination

A. First, on April 29, 201, the Plaintiff remitted money to the Defendants on April 29, 2000.

arrow