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(영문) 대구지방법원 2017.04.13 2016가단28924
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the Defendant’s mother.

B. From April 4, 2008 to April 5, 2013, the Plaintiff remitted total of KRW 130,818,000 to the Defendant’s account or Defendant’s wife C as shown in the attached Table. Of them, the Plaintiff transferred the total of KRW 1,15,18,21,32,48,49,53 through 58, and the total of KRW 87,88,000 as the Defendant’s account, and the total of KRW 42,930,00,000 to C’s account.

C. Meanwhile, on March 29, 2013, the Defendant deposited KRW 37,000,000 in the Plaintiff’s account.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Upon receiving a request from the Defendant for a monthly loan from the Defendant around 2008, the Plaintiff lent KRW 130,818,00 to the Defendant’s account and received KRW 37,00,000, as in the basic facts, and thus, the Defendant is obligated to return the remainder of the loan. 2) Even if the amount of KRW 42,930,000 transferred to the Defendant’s account is lent to C, this is an ordinary household debt and the Defendant is jointly and severally liable for payment as the husband of C.

B. Money transferred by the Plaintiff to the Defendant’s account and the Defendant’s wife account is not a donation of living expenses, childcare expenses, housing funds, etc. to the Defendant and C respectively.

3. Determination

A. The burden of proving that the Plaintiff’s transfer of money to the Defendant’s and the Defendant’s wife account was a loan in this case where the Defendant denied the lease by asserting that the money was donated to the Defendant is the Plaintiff.

However, it is difficult to believe that the above facts of evidence No. 6, which correspond to the above facts, are stated in the evidence No. 6, and there is no other evidence to prove the above facts.

B. Most of the money transferred to the Defendant’s wife account has been transferred in 300,000 won per month, and it is difficult to view that the amount is a certain amount, a small amount, and the time of remittance is a Rule.

The plaintiff is based on the facts.

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