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(영문) 서울중앙지방법원 2020.08.20 2019가단5112819
대여금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 25, 2018, one bank account under the name of the networkF (hereinafter “the network”), KRW 45,000,000 (hereinafter “the instant money”) was remitted from May 25, 201 to the corporate bank account under the Defendant’s name.

B. The Deceased died on October 8, 2018, and Plaintiff A, his spouse, and Plaintiff B, C, and D, their children, respectively, inherited their respective shares of 2/9.

[Basic Facts] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs alleged that they were deceased has lent a certain amount of money without preparing a separate document to those who have a close-friendly relationship as a considerable amount of money.

Considering the Defendant’s assertion and witness G’s testimony are not reliable, it is evident that the Deceased lent the instant money to the Defendant on May 25, 2018.

Therefore, the defendant is obligated to pay the amount stated in the claim to the heir of the deceased.

B. The Defendant’s assertion is between the deceased and the society, through the club of the Tong-gu, and the deceased requested the Defendant to lend money. The Defendant borrowed KRW 45 million from G and lent money to the deceased. It is merely a fact that the Defendant received the instant money from the deceased on May 25, 2018.

3. The following circumstances, which can be acknowledged by comprehensively taking into account the descriptions of Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and the witness G testimony and the overall purport of oral argument, i.e., there is no objective evidence such as a loan certificate that the defendant borrowed the instant money from the deceased, and ii the deceased received interest from the defendant.

(3) On January 10, 2019, Plaintiff A et al. asked the Defendant to answer the instant monetary amount, but the Defendant asked the Defendant to the effect that he/she borrowed the instant monetary amount.

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