(영문) 서울서부지방법원 2016.11.16 2016가단221934

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2016.11.16 2016가단221934

대여금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

Facts of recognition

On December 23, 2009, the deceased C (Death on January 22, 2016) and D, which is the father of the original Defendant, were leased as a joint lessee from E and F, a joint lessee, KRW 80,00,000, and the term of lease from January 11, 201 to January 10, 2012 (hereinafter “instant lease agreement”).

Of KRW 80,000,000 of the lease deposit for the instant lease agreement, KRW 60,000,000,000, the Plaintiff provided each of them through D.

From January 2010 to September 2010, the defendant remitted 200,000 won per month to D.

On January 10, 2012, E, one of the joint lessees of the instant lease agreement, returned KRW 80,000,000 to the account in the name of the deceased C (hereinafter “the instant deceased’s account”).

[Ground of recognition] The plaintiff asserts that there is no dispute, Gap evidence Nos. 7, Eul evidence No. 1, Eul evidence Nos. 6, and the purport of the entire pleadings, and the plaintiff's argument that the plaintiff's argument is the main part of the lease deposit money of this case, and 60,000,000 won provided by the plaintiff among the lease deposit money of this case was lent to the defendant or preliminaryly used by the defendant. Thus, the defendant is obligated to return 80,00,000 won provided by the plaintiff to the plaintiff as unjust enrichment.

As to the Defendant’s assertion, the Defendant did not have borrowed KRW 60,00,000 from the Plaintiff at the time of the instant lease agreement, and the deceased’s account was used by the deceased C. Therefore, it was anticipated that the Defendant received and used KRW 80,00,000 as the lease deposit of this case. Therefore, the Defendant did not have any profit equivalent to KRW 60,000,000 that the Plaintiff provided as the lease deposit of this case.

Judgment

The plaintiff's assertion that the plaintiff lent KRW 60,000 to the defendant is prior to the judgment (the judgment on the principal claim).

유사 판례

-서울남부지방법원 2020.08.12 2020가단242168

-대구지방법원김천지원 2019.11.07 2019가단33612

-수원지방법원안산지원 2020.08.19 2020가단5891

-수원지방법원성남지원 2020.05.22 2019가합1479

-대전지방법원 2016.11.29 2016가단4485