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(영문) 대구지방법원 2020.11.18 2020나307960
대여금
Text

The plaintiff's claim that the court changed in exchange is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

Reasons

Plaintiff’s assertion

Around May 10, 2010, the Plaintiff’s son (Death around November 16, 2013) sought a monetary loan from the Plaintiff and the Plaintiff upon finding the Plaintiff together with the Defendant who was in a de facto marital relationship at the time of the de facto marital relationship. However, the Plaintiff refused a monetary loan because it did not receive any money previously lent.

The Defendant, who was next to that, agreed to lend money to the author, “I would like to put up three-year installment savings in the bank and repay it to the author,” and the Plaintiff agreed to lend money to the Plaintiff “I would like to believe, but I would like to trust and lend it to the Defendant.”

Since then, the Plaintiff and the Plaintiff’s dynamics, as well as the Plaintiff, have set up a right to collateral security at KRW 195,000 with respect to the Daegu Suwon-gu E and F land jointly owned by two parties on May 24, 2010, with respect to the right to collateral security at KRW 150,000,000 from the G Association.

D used KRW 100,000 out of the loans, and the Plaintiff lent the remainder of KRW 50,000 to the Defendant by means of remitting it to the Defendant’s account without setting a separate due date.

Judgment

According to the results of the response to each order to submit financial transaction information to G unions at the first instance court, it is recognized that on May 24, 2010, the Plaintiff’s assertion on May 24, 2010 was made as collateral and C loaned KRW 150,00,000, out of which KRW 47,000 was remitted to the Defendant’s account.

However, the evidence presented by the Plaintiff alone is insufficient to recognize the fact of lending the Plaintiff’s assertion, and there is no other evidence to acknowledge it, and the Plaintiff’s assertion is rejected.

In conclusion, the plaintiff's claim to change the exchange in this court is dismissed as it is without merit.

(B) The judgment of the court of first instance against the withdrawal of a suit filed in this court due to a change in the exchange of the suit was invalidated.

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