logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.05.21 2019가단118493
대여금
Text

1. Defendant C’s KRW 126,159,160 as well as 5% per annum from September 17, 2019 to May 21, 2020.

Reasons

【Claims against Defendant C】

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment made by deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act / [Claims against Defendant B].

1. Basic facts

A. The Defendants married on March 5, 2005, but married on August 21, 2019.

The Plaintiff is the mother of Defendant C.

B. The Plaintiff remitted the total amount of KRW 106,159,160,00, total of KRW 41,838,150 on May 2, 2012, and KRW 64,321,01 on June 13, 2012 to Defendant B’s account.

The Defendants used the said money to purchase the building E (one half shares in the name of the Defendants on June 28, 2012; hereinafter “instant apartment”) in Ulsan-gu, Ulsan-gu, Seoul-gu. (hereinafter “instant apartment”).

C. On January 9, 2017, the Plaintiff transferred KRW 20 million to Defendant B’s account.

The Defendants purchased and leased the apartment of this case, and Defendant B used the same amount of KRW 20 million to return the lease deposit to the lessee.

[Ground of recognition] Evidence A 2-4, Evidence A 3-5 (including paper numbers), Evidence A 2-2, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. Defendant B requested that the Plaintiff borrow money due to lack of money in purchasing the instant apartment, and the Plaintiff lent the said money to Defendant B’s account in the name of Defendant B, KRW 106,159,160, totaling KRW 41,838,150 on May 2, 2012, and KRW 64,321,010 on June 13, 2012.

B. Defendant B requested the Plaintiff to borrow KRW 20 million for the return of the deposit to the lessee of the instant apartment. On January 9, 2017, the Plaintiff transferred the said money to Defendant B’s account in the name of Defendant B, thereby lending the said money to the Defendants.

3. The following circumstances revealed by comprehensively taking account of the respective descriptions of evidence No. 2-4 and evidence No. 2-2 and the overall purport of the pleadings, namely, Defendant B’s total sum of KRW 126,159,160, which the Plaintiff remitted to Defendant B’s account under the name of Defendant B, as the Plaintiff’s children, and Defendant B, its wife, purchased money.

arrow