logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.08 2016가단250631
대여금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2...

Reasons

1. Basic facts

A. The network D (hereinafter “D”) is the Plaintiff’s external village, and Defendant B is the wife of Defendant D, and Defendant C is the wife of D.

B. D died on August 2015, and the Defendants succeeded to D’s property at the same rate according to the agreement on the division of inherited property.

C. From May 2008 to January 2015, the Plaintiff registered D as an employee of the company (Co., Ltd. E) that the Plaintiff operated.

[Reasons for Recognition: Facts without dispute (including facts of persons concerned), entry of Eul evidence 2, purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's main claim is KRW 18,00,000,000 when he is living together with D, which is an external third village, and D repaid only KRW 67,00,000 over eight times, and the principal amount of the claim against D remaining after the plaintiff is KRW 51,00,000.

Therefore, individual defendants who inherit D equally have the obligation to pay to the plaintiff 25,500,000 won each and the damages for delay.

B. At the time the Defendant’s summary of the counterclaim was living from around 2004 to January 2015, the Plaintiff lent a total of KRW 490,750,000 to the Plaintiff. Of them, the Plaintiff was paid KRW 303,300,000, and the remainder of KRW 187,450,000 was not reimbursed.

Therefore, the Plaintiff is obligated to pay 93,725,00 won each to the individual Defendants who have equally succeeded to D and the delay damages therefor.

3. The basic position asserted by the Plaintiff and the Defendants in this case is that the money that the Plaintiff sent to D is the Plaintiff’s loan to D, and that the money that D sent to the Plaintiff is the loan to D.

The following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the arguments submitted by the Plaintiff and the Defendants, are the relationship between D and the Plaintiff’s relationship with the foreign third village and the kysian. D was registered as an employee of the company operated by the Plaintiff for a long time, and ② According to the preparatory documents submitted by the Plaintiff, the Plaintiff is from February 1, 2004 to January 20, 2015.

arrow