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(영문) 서울북부지방법원 2015.11.24 2015가단7807
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion received a request from Defendant C, a senior mother, to lend money under the name of living expenses, etc., and transferred total of KRW 32 million to Defendant C’s agricultural bank account over 15 times from September 6, 201 to January 13, 2012. Defendant C and his spouse, the spouse, are jointly and severally liable to pay the said money and delay damages to the Plaintiff.

B. The Defendants’ assertion that the Plaintiff: (a) the deceased son E; and (b) E, before inheritance, donated the land on the land of Gyeonggi-si F, G, and six parcels (hereinafter “instant land”); (b) before inheritance, D agreed to pay KRW 50 million in the amount of liquidation of inherited property to the Defendant B, who is the remaining land.

Accordingly, the Defendants received KRW 32 million in the name of the Plaintiff, and the Defendants did not borrow money from the Plaintiff.

2. Determination

A. According to the purport of Gap evidence No. 2 and Eul evidence No. 1 and the whole pleadings, the plaintiff is 5 million won or less as of September 6, 201; 3 million won as of October 7, 201; 2 million won as of October 17, 201; 2 million won as of October 24, 201; 2 million won as of October 24, 201; 2 million won as of November 24, 201; 1.2 million won as of November 22, 201; 1 million won as of November 25, 201; 2 million won as of November 2, 201; 2 million won as of November 25, 201; 1 million won as of November 25, 201; 1 million won as of November 28, 2011; and 1 million won as of December 16, 2018.

B. The Plaintiff’s remittance, such as (i) the loan certificate, is recognized as follows.

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