logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.28 2016나54435
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Basic facts

A. The Plaintiff is the mother of the deceased C (EE, hereinafter “the deceased”), and the Defendant is the wife of the deceased.

B. On July 4, 2013, the Plaintiff established a collateral security and borrowed KRW 50,000,000 from the National Bank of Korea (hereinafter “National Bank”) (hereinafter “the instant loan”) to the deceased at a house owned by the Plaintiff (Da apartment 904, 1106, Seosan-gu, Busan) and remitted KRW 42,00,000 among the loans on July 5, 2013 (hereinafter “the instant payment”).

C. On July 10, 2013, the Deceased leased KRW 35,000,000 (hereinafter “the instant lease deposit”) from July 27, 2013 to July 26, 2015, the lease deposit amount of KRW 100,000 (hereinafter “the instant lease deposit”) and the monthly rent of KRW 10,000.

After that, from August 5, 2013 to May 12, 2015, the Deceased transferred approximately KRW 11,083,000,00 per month, as shown in the attached Table, to the passbook (Account Number G; hereinafter “instant passbook”) in the name of the Plaintiff, as shown in the attached Table, and the Plaintiff repaid the principal and interest of the instant loan to each of the aforementioned remittance amounts.

E. On May 24, 2015, the Deceased died due to a traffic accident, and the Plaintiff and the Defendant jointly inherited the deceased’s property at the rate of 2/5, 3/5.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s payment of this case was leased to the Deceased.

However, as seen above, the deceased transferred monthly money to the Plaintiff and paid KRW 11,083,00 to the Plaintiff the principal of the instant payment in relation to the Plaintiff, and the remaining principal of the loan is KRW 30,917,000.

Therefore, the defendant who has succeeded to part of the deceased's property is liable to pay to the plaintiff 18,550,200 won and damages for delay equivalent to 3/5 thereof.

B. The payment of the instant case to the Defendant is married by the Plaintiff.

arrow