logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.03.19 2014가단58227
차용금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

B The deceased’s spouse, Plaintiff C, D, and E are children of the deceased (hereinafter referred to as “the deceased”).

The Deceased died on December 18, 2014, and the Plaintiffs inherited the Deceased.

On June 22, 2009, the Deceased remitted KRW 300 million to the National Bank Account (G) in the name of the Defendant.

On July 29, 2009, the Defendant remitted to the Deceased KRW 200 million, and KRW 3,236,000 on July 31, 201.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 2, and Eul evidence Nos. 2, as a result of this court's order to submit financial transaction information to the National Bank of Korea, the purport of the whole pleadings is that the defendant requested the deceased to lend KRW 300 million to the defendant on June 22, 2009, and the deceased transferred KRW 300 million to the defendant on June 22, 2009, and the defendant paid KRW 200 million and interest KRW 3,236,00,00 and did not pay the remaining principal amount.

Therefore, the defendant is obligated to pay the balance of the borrowed amount of KRW 100 million and damages for delay thereof to the plaintiffs who are the inheritors of the deceased according to their inheritance ratio.

The defendant alleged that he did not borrow money from the deceased, but only received 300 million won as stock investment money, and returned 200 million won as part of the investment money at the request of the deceased, and there was no remaining investment money remaining as a failure of investment.

Therefore, the plaintiffs' claims based on the premise that the deceased lent money to the defendant are without merit.

In full view of the following circumstances recognized by the deceased on June 22, 2009, the amount of KRW 300 million transferred to the defendant on June 22, 2009, and the results of the order to submit financial transaction information on Gap's 1 through 3, the national bank of this court, Busan Bank, and the KIKO Securities, the above evidence and the evidence in addition to the whole purport of the pleadings as a whole, it is insufficient to acknowledge the above lending, and there is no other evidence to prove it otherwise.

Therefore, the deceased.

arrow