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Reasons
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(영문) 서울중앙지방법원 2017.11.09 2016나6438
대여금
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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On November 10, 2002, the Plaintiff is a married couple who was married with the deceased C on November 10, 2002 (hereinafter “the deceased”) and reported a marriage on January 6, 2006. The Defendant is the deceased’s leakage.

B. On July 7, 2005, the Deceased transferred KRW 5,002,60 to the Defendant from the Nonghyup Bank account in the name of the Deceased (H), KRW 20,267,200 on July 29, 2005, KRW 5,001,30 on September 30, 2005, and KRW 55,271,100 on March 10, 2009.

C. On July 7, 2005, the Plaintiff transferred KRW 19,99,500 to the Defendant from the Han Bank Account (F, G Account) under the Plaintiff’s name.

The deceased died on September 8, 2014, and his heir as the plaintiff and his parent, D and E. The plaintiff's inheritance shares are 3/7.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. On July 7, 2005, the Plaintiff transferred 19,99,500 won from the Plaintiff’s one bank account under the Plaintiff’s name to the Defendant on July 7, 2005, based on the following circumstances, i.e., ① out of 19,99,500 won transferred from the Plaintiff’s one bank account under the Plaintiff’s name to the Defendant, i.e., KRW 10,00,00 (amount transferred from the G account) out of KRW 19,99,50,000 (amount transferred from the G account) loaned from the Plaintiff’s name to the Defendant under the Plaintiff’s name, and the remainder of KRW 9,99,50 (amount transferred from the F account) was loaned from the Plaintiff’s one bank to the Defendant under the Plaintiff’s name; ② on the same day, the Plaintiff transferred the money to the Defendant from the Plaintiff’s 20,002,60,000 won to the Plaintiff’s one-time loan to the Plaintiff and the Defendant.

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