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(영문) 의정부지방법원 고양지원 2017.04.26 2016가단22656
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On March 2, 2009, the Plaintiff agreed to be paid KRW 600,000 per month to the Defendant (the Defendant and C have divorced on May 13, 2016) who was the Plaintiff’s son at the time, and lent KRW 79,321,560 per month, without fixing the period of repayment, and even if the Plaintiff’s lending of the said money was not C, the Defendant and C at the time constitute a juristic act regarding daily home affairs, and thus, they are jointly and severally liable to return the said money to the Plaintiff. The Defendant asserts that the Plaintiff is liable to pay KRW 39,60,780, which is part of the leased principal, and damages for delay.

B. As to this, the Defendant asserts that: (a) borrowing KRW 79,321,560 from the Plaintiff is not the Defendant but C; and (b) the Defendant, who was the Plaintiff, was the Plaintiff, transferred the above loan to the bank account under the name of the Defendant and delivered it to C, which is the husband; (c) thus, the Defendant did not have the obligation to return

2. Determination

A. According to the reasoning of the claim that borrowing money from the Plaintiff is the Defendant, the Plaintiff deposited KRW 79,321,560 in the bank account opened in the Defendant’s name at the National Bank of Korea (hereinafter “National Bank”) on March 2, 2009, the Plaintiff deposited KRW 79,321,560 in the bank account established in the Defendant’s name, between July 15, 2009 and May 31, 201, and singing-type D’s business registration under the Defendant’s name and singing-type business; the Plaintiff’s name was made in the bank account opened in the Goyang-gu, Gyeyang-gu; and the Plaintiff’s name was made in the Plaintiff’s musical business on July 26, 2009; and the same year.

9.2.7 million won, Oct. 2000 won in the same year, and Nov. 600, 190 won in the name of the defendant.

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