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(영문) 의정부지방법원 2016.06.15 2014가단24471
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From May 31, 2001 to July 23, 2001, the Plaintiff transferred a total of KRW 7,350,000 (hereinafter “instant KRW 1”) to the Defendant’s account, each of which was the birth, and on February 28, 2002, the Plaintiff’s wife transferred KRW 20,000 (hereinafter “instant KRW 2”) to the Defendant’s account. The Plaintiff’s wife around June 2008, delivered KRW 1,000 (hereinafter “instant KRW 3”) to the Defendant’s wife cash. The Plaintiff’s wife delivered KRW 1,2, and KRW 3,00 (hereinafter “each of the instant money”).

B. On the other hand, on December 19, 2013, the Defendant filed a lawsuit against the Plaintiff and the Plaintiff E, including the cancellation of onerous donation, with other brothers and sisters, which was the District Court 2013Gahap1327.

C. On January 15, 2014, the Plaintiff sent a notice to the Defendant demanding the return of each of the instant money, etc., and filed the instant lawsuit against the Defendant on June 16, 2014.

[Ground of recognition] Facts without dispute, significant facts, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted 1) as the cause of the claim in this case. The plaintiff lent KRW 8 million, including KRW 1 and cash, to each defendant under the name of the defendant's F medical expenses. The plaintiff argued that KRW 20 million of KRW 20 million was lent to the defendant's liquor company under the name of the defendant's investment in the defendant's liquor company, and that KRW 30 million was lent to the defendant's family living expenses, and that the defendant demanded the defendant to return KRW 29 million in total, including each of the of the of the of the of the of the of the of this case against the defendant. 2) As the amount donated under the name of the defendant's medical expenses, the plaintiff is the father of the original defendant, and the KRW 2 of this case was the amount invested in the plaintiff's liquor company, and with respect to KRW 3,000,000 as well as the settlement of the loan and the settlement of the repayment.

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