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(영문) 부산고등법원 2020.04.08 2019나54460
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are children of E, and Defendant D is the husband of Defendant C.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by E. On May 29, 2006, with respect to the Plaintiff’s share of 60/100 (hereinafter “Plaintiff’s share”), the Defendant C completed each registration of ownership transfer as to the share of 40/100 (hereinafter “Defendant C’s share”).

C. Accordingly, M shall complete the registration of ownership transfer on May 3, 2012 with respect to the Plaintiff’s share, and on May 10, 2012 with respect to the Defendant C share due to each sale.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1-6, the purport of the whole pleadings and arguments

2. The plaintiff's assertion

A. The Plaintiff claimed a loan (main claim) sold the Plaintiff’s share among the instant real estate to M, and on July 2012, the Plaintiff lent the amount of KRW 1 billion out of the sale price to the Defendants 1 billion per interest month and without setting the due date.

Therefore, the defendants are jointly and severally liable to pay one billion won and damages for delay to the plaintiff.

B. The Plaintiff is jointly liable to pay the Plaintiff the acquisition amount of KRW 1 billion and the damages for delay, even if the sale price of the Plaintiff’s share in the instant real estate is KRW 1 billion, E transferred the Plaintiff’s loan claim amounting to KRW 1 billion on September 11, 2019.

3. Determination

A. The Plaintiff asserted that the Defendants lent a large amount of money that became one billion won or more to the Defendants, and did not submit to the Defendants a document pertaining to money transaction relations, such as the details of remittance or the certificate of borrowing.

In addition, the plaintiff did not clearly explain the specific circumstances of lending KRW 1 billion to the defendants.

The date of loan claimed by the Plaintiff is somewhat long, and the Plaintiff and the Defendants are family relations, but the amount of loan is large.

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