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(영문) 수원지방법원평택지원 2020.09.18 2019가단4743
대여금
Text

All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

(b) Costs of lawsuit;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) The Plaintiff and the Defendant are the parties to the dispute, and the Plaintiff is the deceased C (hereinafter “the deceased”), and the deceased is the deceased.

A) The Defendant is the wife of the Deceased, and the Defendant is the mother of the Deceased in 2012. (2) The Plaintiff remarriedd with the Deceased on or around the second half of 2016, and the Deceased was diagnosed at the time of the second half of 2016, and was killed on October 18, 2016, but was killed on or around February 6, 2018.

B. Payment details 1) On February 27, 2015, from the Agricultural Cooperative Account (Account Number: D) named in the Plaintiff’s name, KRW 70 million was transferred from the account of the Defendant’s community credit cooperatives to the account of the Defendant’s community credit cooperatives. 2) On July 4, 2017, from the account of community credit cooperatives (Account Number: E; hereinafter “Defendant’s community credit cooperatives account”) under the name of the Defendant, KRW 70 million was transferred from the account of the Plaintiff’s bank (Account Number:F) to the account of the Plaintiff’s community credit cooperatives, and KRW 30 million was collected from the Nonghyup Bank under the Plaintiff’s name on January 12, 2018.

3) After the death of the Deceased, the Plaintiff deposited a CD machine using the sum of KRW 6,700,700,000 on March 2, 2018, and KRW 80,000,000,000 on March 5, 2018, and KRW 587,00,000 on April 12, 2018. (4) On June 15, 2012, the Deceased used the financial account in the name of the Plaintiff as the representative of the Plaintiff, used the financial account in the name of the Plaintiff, and used the financial account in the name of the Plaintiff. After a cancer diagnosis, the Deceased was the Defendant who was the beneficiary of the insurance contract under the insurance contract, and the Deceased used the said account by obtaining the Defendant’s community credit cooperatives and cash cards from the Defendant around December 2, 2016.

[Ground of recognition] Facts without dispute, Gap 1-5, 7, 8 evidence, Eul 1-4, 6, 7 evidence (including additional number), the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. On February 27, 2015, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 70 million as the Defendant’s housing purchase fund, and the Defendant used the said loan to use the housing and site located in the Heung-gu Seoul Metropolitan Government on March 4, 2015.

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