logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.09.08 2016가단5391
대여금등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 9, 2010, the Plaintiff remitted KRW 49,700,00 to the deceased E (former name: F).

B. The network E transferred KRW 300,000 per month to the Plaintiff from February 8, 2011 to May 11, 2012, and KRW 200,000 per month from June 7, 2012 to March 6, 2013 (excluding December 2012).

C. On March 30, 2012, the network E transferred 30 shares of Green Cross and 314 shares of accelerators to the Plaintiff.

The network E died on July 6, 2015, and Defendant B, his spouse, succeeded to the network E's property as 2/7 shares, each of which is the child C and D, in 3/7 shares.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff lent KRW 49,700,000 to the network E, and received KRW 300,000 per month thereafter. (2) The Plaintiff thereafter settled the total amount of KRW 15,076,00 by cashing around May 2012 and then received interest of KRW 34,624,00 for the remainder loans from June 2012 to March 2013.

3. Therefore, the network E is obligated to pay the Plaintiff interest of KRW 34,624,00 for the remaining loans and KRW 200,000 per month from April 2013 to the date of full payment. Since the network E dies and the Defendants inherited its property, the Defendants are obligated to pay the Plaintiff the amount equivalent to each inheritance share out of the above loans.

B. First of all, the Plaintiff’s remittance of KRW 49,70,000 to the network E is a loan. Although the network E received the above money and paid KRW 300,000 per month or KRW 200,000 per month until March 6, 2013, the fact that the network E transferred the above money to the Plaintiff is as seen earlier.

However, the Plaintiff did not prepare a loan certificate even though it did not have a significant amount of money, and ② the net E shall pay the Plaintiff money after March 2013.

arrow