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(영문) 울산지방법원 2021.02.02 2020가단9809
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 4, 2010, the Plaintiff transferred KRW 10,000,000, KRW 10,000,000, KRW 10,500,000, and KRW 21,50,000, and KRW 21,50,000 on June 11, 2010, to the account in the name of C, respectively, and transferred KRW 31,50,000 to the account.

(2) The Plaintiff remitted all of KRW 10,00,000 to the account under the name of the Defendant; ② KRW 5,000,000 on October 4, 2012; ③ December 1, 2012; ④ KRW 3,000,000 on January 11, 2013; ④ KRW 27,000 on March 27, 2013; ② KRW 00,500,000 on June 1, 2013; and ② KRW 00,50,000 on June 10, 2013; and ② KRW 10,50,000 on October 1, 2013; and ② KRW 10,000,00 on October 1, 2014; and ③ KRW 30,000 on June 30, 2015; and

(c)

From June 1, 2016 to February 14, 2018, the sum of KRW 15,000,000 was transferred to the Plaintiff from the account opened in the name of the Defendant to the account transfer, on seven occasions.

(d)

The defendant, who died on January 15, 2019, succeeded to C's property independently.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including branch numbers), Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The parties’ assertion argues that the money remitted as stated in the above paragraph 1-A and (b) is lent to C or the defendant who is the account holder, and that the money remitted as stated in the above paragraph 1-C is the money received from the defendant as repayment of the above loan from the defendant. Accordingly, the defendant asserts that C used the account under the defendant’s name, such as the above paragraph 1-C, and it does not mean that the plaintiff and the defendant did not borrow money from the plaintiff, and C does not borrow money from the plaintiff.

3. Although the Defendant asserted that the Plaintiff did not have any way to dismiss the Plaintiff in the instant case, the Plaintiff’s assertion of the loan is also disputing the Plaintiff’s loan.

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