logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.11.08 2015가단118106
차용금청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 20 million, 5% per annum from April 28, 201 to April 14, 2016, and complete payment from the following day.

Reasons

1. According to the assertion, the Plaintiff asserts that the Defendant’s husband C lent 200 million won to the real estate business operation fund, and that the Plaintiff refused to operate the real estate business during that period due to the failure of the Plaintiff’s business, and that the Defendant lent her husband to the Defendant by depositing her account into the Defendant’s account on April 27, 2011.

On the other hand, the Defendant asserts that the Plaintiff’s claim for the Plaintiff’s loan against the Defendant or C (the Defendant died on June 15, 2012, and the Defendant solely inherited, hereinafter referred to as “the Deceased”) is unjust, since the money deposited into the Defendant’s account was received from the Defendant’s account through the Defendant’s account used in the course of operating the housing business of C as a partnership.

2. The plaintiff must prove that the money paid as a loan for consumption has been paid.

It is considered whether the evidence presented by the plaintiff can be recognized as a loan for consumption notwithstanding the defendant's counter-proof.

A. Evidence consistent with loans or circumstances 1) The fact that the deceased’s account was deposited into the Defendant’s account even when it was normally used is the case where a personal business operator is unable to engage in a transaction under the name of another person, such as his spouse, due to the bad credit standing. In the instant case, when the Plaintiff appealed on April 27, 2011, the Defendant’s account was used for the business purpose of ordinary deceased, and on the other hand, it is necessary to inquire into the details of transactions in order to ascertain whether the account of the deceased was used for the business purpose of ordinary deceased, and whether the account of the deceased was not used for the business of the deceased. 200 million won deposited after the following day, the account was deposited into the Deceased’s Daegu Bank (E) account (i.e., the 1, 5, 6,700 won deposited by cashier’s checks) (i.e., the Plaintiff’s account was deposited into the deceased’s Daegu Bank (E).

In that the defendant's account was deposited into the deceased's account through the defendant's account, the defendant shall be the borrower or shall be liable to return.

arrow