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(영문) 수원지방법원 2016.12.01 2015가단59999
대여금반환
Text

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

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

Reasons

1. The Plaintiff’s assertion was related with the Defendant’s husband’s business transaction with the deceased, such as performing construction works by being awarded a contract with outer wall construction from the Defendant’s husband C (hereinafter “the deceased”).

On October 16, 2012, the Deceased borrowed KRW 50,000,000,000 necessary for building works and real estate purchase to the Plaintiff within one month, and on the same day, the Plaintiff lent the said money to the Deceased by means of paying KRW 50,000,000 to the account in the name of the Defendant.

In the first place, after the death of the deceased, the Defendant promised to pay KRW 50,000,00 as it promised to pay the deceased’s entire obligation.

Preliminaryly, the Defendant, as an inheritor, is liable to repay the amount of 21,428,571 won equivalent to the inherited share (=the amount of 50,00,000 x 3/7, and less than KRW 3/7) as the heir.

2. It is not sufficient to recognize that the Defendant, after the death of the Deceased, committed a promise to recognize and repay all the obligations of the Deceased’s loan to the Plaintiff. There is no other evidence to acknowledge otherwise.

According to the records in Gap evidence No. 1, the plaintiff deposited KRW 50,00,00 on October 16, 2012 into the account under the name of the defendant, but it is not sufficient to recognize that the plaintiff lent KRW 50,00,00 to the deceased solely on these circumstances, the statements in Gap evidence No. 3 through 7, and witness E, and there is no other evidence to recognize otherwise. Thus, the plaintiff's preliminary claim on the premise of the lease to the deceased is without merit without any need to examine further.

3. In conclusion, the plaintiff's primary and conjunctive claims are all dismissed as it is without merit. It is so decided as per Disposition.

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