(영문) 인천지방법원부천지원 2017.05.30 2016가단13637

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(영문) 인천지방법원부천지원 2017.05.30 2016가단13637

대여금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B and R (hereinafter “the deceased”) were legally married in a marital relationship, and the marital relationship was resolved through a divorce lawsuit around December 5, 2013, and the deceased was designated as a person with parental authority of the Plaintiff.

B. The Deceased died on February 8, 2016, and the Plaintiff inherited the Deceased solely, and B claimed a judgment on designation of a person with parental authority against the Plaintiff and was designated as the Plaintiff’s person with parental authority on April 13, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the Plaintiff’s assertion lending the sum of KRW 28,147,00 to the Defendant, the Defendant is obligated to pay that amount to the Plaintiff, who is the sole heir of the Deceased.

B. According to the records of Gap's evidence Nos. 6, 8, 10, 12, and 13, and the court's order to submit financial transaction information to the National Bank of this Court, the deceased's account from the end of December 27, 2013 to the account under the name of the defendant, and from the end of September 22, 2015 including transfer of KRW 19 million to the account under the name of the defendant or the defendant's spouse from the end of September 22, 2014 to the account under the name of the defendant or the defendant's spouse, it is recognized that the money transfer was made as alleged by the plaintiff. On the other hand, in light of the conflict between Eul Nos. 1 through 13 (including the serial number) during the marriage period, the deceased was able to gather the deceased's house or protective facilities, which are the words of the deceased and the defendant's family members, and then, the deceased's allegation that the deceased's family members and the defendant's family members were divorced after the divorce period and other facts.

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