logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.23 2015가합4064
대여금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. From May 20, 2008 to January 6, 2014, the Network D’s summary of the Plaintiffs’ assertion (hereinafter “the network”) lent a total of KRW 537,500,000 to the Defendant, respectively, as indicated in the separate sheet, and died on January 17, 2014.

Since the Plaintiffs, as their children, succeeded to the Defendant’s loans to the deceased’s Defendant as one-half share, the Defendant shall pay each of the Plaintiffs the amount of KRW 235,225,00 (i.e., KRW 470,450,000 out of the total amount of KRW 537,50,000 x 1/2) and damages for delay.

2. In full view of the facts stated in Gap evidence Nos. 5 and 6 (including additional numbers) as to the cause of the claim, the results of the order to submit each financial transaction information to the Nonghyup Bank and the entire purport of the pleadings, it is recognized that the deceased paid the defendant the amount corresponding to the "amount" stated in the "amount" column of the attached list to the defendant on the corresponding date.

However, from May 20, 2008 to January 6, 2014, the deceased who paid money to the defendant several times for a long time received a part of the money from the defendant.

There are no circumstances such as demanding the return of the above money to the defendant, and it is not sufficient to recognize that the deceased lent each money listed in the attached list to the defendant only by the above facts of recognition, and there is no other evidence to recognize the lending of the deceased.

Therefore, the above argument by the plaintiffs is difficult to accept.

3. In conclusion, the plaintiffs' claims of this case are all dismissed as it is without merit. It is so decided as per Disposition.

arrow