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(영문) 의정부지방법원 고양지원 2018.04.05 2017가단6941
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 16, 2015, the Plaintiff transferred KRW 30 million to E’s account under the name of E.

B. E (hereinafter “the deceased”) died on November 17, 2015, and the deceased’s heir is Defendant B, Defendant C, and D, the deceased’s spouse.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, and 8, the purport of the whole pleadings

2. According to the purport of the Plaintiff’s written evidence Nos. 1 and 2 as to the Plaintiff’s claim against Defendant D, the Plaintiff filed a lawsuit claiming a loan of KRW 30 million, which was transferred to the Deceased by this Court No. 2016da4573 on February 25, 2016, to the Deceased, and Defendant D succeeded to the above loan, and Defendant D’s succession to the above loan, Defendant D filed a lawsuit claiming a loan of KRW 30 million per annum from October 17, 2015 to the delivery date of a copy of a complaint, and KRW 15% per annum from the next day to the day of complete payment. The court rejected the Plaintiff’s claim against the deceased on April 27, 2017, since the Plaintiff’s transfer of money to the Deceased was insufficient to acknowledge that the Plaintiff’s claim against the Deceased (or his heir) was subject to res judicata effect, and there is no other evidence to acknowledge that the Plaintiff’s claim against the Defendant D was identical to that of this case.

3. Determination as to the Plaintiff’s claim against Defendant B and C

A. In a case where a remittance is made by transferring money to another person’s deposit account, etc., the remittance may be made on various legal causes, and in order for the remittance to be recognized as a loan, it must be proved that the money was paid under a loan for consumption, and that it was paid.

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