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(영문) 창원지방법원 통영지원 2018.05.30 2017가단25818
대여금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The Plaintiffs are parents of D. The basic facts.

Around January 29, 2004, the defendant married with D and D on January 29, 2004, but the agreement was married around October 26, 2016.

Plaintiff

A transferred KRW 40 million to the Defendant’s account on June 23, 2015, and received KRW 23 million among them, and Plaintiff B transferred KRW 19,344,000 to the Defendant’s account on June 23, 2015, KRW 70,000,000 around July 1, 2015, and KRW 98,34,000,000 to the Defendant’s account on July 27, 2015.

On July 3, 2015, the Defendant, and D opened “F” clothes at the location of the E-si on July 3, 2015. The Plaintiff borrowed KRW 100 million to the Plaintiff, and the Plaintiff A borrowed KRW 1,00,000,00 from the forest land located in Mineyang city, ② The land located in Busan City Shipping Daegu, Busan City, and KRW 2,00,000,000,000.

(A) A debtor. The defendant and D have borrowed the above amount on a clear basis and present this instrument to implement the following paragraphs:

(1) The defendant and D shall pay to the plaintiff B 3% interest per annum on the daily billion won.

(2) The defendant and D shall deposit KRW 200,000 per month on the date of transplant payment. (2) The defendant and D shall deposit KRW 30,000 per month as interest, as they borrowed from the plaintiff A in addition to the right to set up the collateral security in the above location.

On the other hand, on July 16, 2016, Plaintiffs, Defendant, and D drafted a letter of payment as follows.

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

2. Determination

A. 1) The plaintiffs' assertion 1) The defendant is obligated to pay the money borrowed from the plaintiffs as above. 2) The defendant's argument that D was the defendant's husband is the amount borrowed from the plaintiffs who were the parents of the defendant.

Even if the Defendant had the obligation to repay the obligation, the Defendant transferred the clothes, which the Defendant received from the Plaintiffs, to the Plaintiff B, on the grounds that, at the time of divorce with D, the Defendant waived all claims against the Plaintiffs, such as reimbursement of the obligation and all claims against D.

Therefore, the Defendant did not have the obligation to pay to the Plaintiffs.

B. Determination No. 1.

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