logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.09.21 2015가합74213
대여금
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Defendant)’s counterclaim against the Plaintiff (Counterclaim Defendant).

Reasons

1. The Plaintiffs asserted that the Defendant is liable to pay each of the above loans to the Plaintiffs, as the Plaintiff’s 120,000,000 won, Plaintiff B’s 50,000,000 won, and Plaintiff C’s 30,000,000 won respectively, respectively, and E (hereinafter “the deceased”) died on December 26, 2014, and the Defendant solely inherited the deceased’s property.

According to the records in Gap's evidence Nos. 1 through 5, it is not sufficient to recognize that the plaintiffs lent the above remittance amount to the deceased on October 8, 2012, while the above remittance was not sufficient to recognize that the plaintiffs lent the above remittance amount to the deceased on the deposit account in the deceased's name. However, there is no evidence to acknowledge otherwise.

Rather, comprehensively taking account of the overall purport of the arguments in the statements Nos. 1 through 4 and No. 5-1 through 3 of the evidence Nos. 5, the deceased, at around 1983, was selected as a third party, and operated the above company with F after establishing G Co., Ltd. on December 1, 1989, and the plaintiffs did not engage in any particular participation in the operation of the above company, and there is no circumstance that the plaintiffs did not seem to lend the above money to the deceased at the time of the above transfer, and there is no borrowing certificate between the plaintiffs and the deceased or that there was no fact that the deceased provided the plaintiffs with a security. In light of these circumstances, the above remittance amount is deemed to have been transferred to the deceased's account upon request from the plaintiffs while lending it to the deceased. Thus, the plaintiffs' assertion is without merit.

2. As to the counterclaim claim, the Defendant filed the instant lawsuit on June 2, 2014, even if the Plaintiffs did not lend money as stated in the purport of the claim against the Deceased, and filed the instant lawsuit on the Seo-gu H Ground Building owned by the Deceased on June 2, 2014 (hereinafter “instant building”), and on June 2, 2014.

arrow