logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.04.27 2014가합8369
대여금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Plaintiff

The Plaintiff filed a claim against the deceased’s heir from June 201 to August 10, 2012, when the Plaintiff deposited money in the account in the name of the Plaintiff (F; hereinafter “the first account in the Gyeongnam Bank”) from around June 2011 to around August 10, 2012, the Plaintiff lent KRW 1,609,280,072 to the deceased during the above period in the way that the deceased E (hereinafter “the deceased”) used it as a fund for trading used for the used vehicle by the company’s trading of used vehicles. Of them, the amount of KRW 1,480,570,000 to the above account was deposited in KRW 1,480,570,000,000, the Deceased paid the remainder of the principal to the Plaintiff.

(A) The Plaintiff, from June 1, 201 to April 4, 2013, lent money to the Deceased in the manner that the Deceased pays 64,203,107 won by using a credit card in the name of the Plaintiff, on behalf of the Deceased, and thus, the Deceased is obligated to pay the said money to the Plaintiff.

(hereinafter “the second place”). The Plaintiff purchased three vehicles in his own name and paid 106,424,543 won in total for installment payments (=the 35,540,00 Won 49,70,00 Won 49,700 Ecuas 21,184,543 won). This is because the Deceased agreed to pay the vehicle price and the profits (interest) from the sale of each of the above vehicles. As such, the Deceased is obligated to pay the said money to the Plaintiff.

(hereinafter referred to as the “third-party Chapter”). Therefore, the Deceased is obligated to pay the Plaintiff the total amount of each of the above loans or the agreed amount (i.e., KRW 128,710,072, KRW 64,203,107, KRW 106,424,543) and is obligated to compensate the Plaintiff for damages equivalent to the above amount on the ground of the conjunctive tort.

The Defendants, as their legal spouse and children, succeeded to the deceased, should pay the said obligation to the Plaintiff according to their shares in inheritance.

The Plaintiff filed a claim against Defendant B as shown in the attached Form, and from May 2, 201 to February 25, 2014, one bank, Nonghyup Bank, National Bank, etc. in the name of the Plaintiff.

arrow