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(영문) 서울남부지방법원 2019.06.05 2018가단216548
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 160,000,000 and the interest rate thereon from May 18, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The parties’ relationship between the Plaintiff and the Defendant B are both children of D, and Defendant C is both children of Defendant B and the Plaintiff’s assistance.

B. On April 16, 2015, Defendant C asked the Plaintiff to receive deposits in order to repay the loan, and on April 17, 2015, the Plaintiff transferred KRW 60 million from the new bank account (Law Office E) in the name of the Plaintiff (Law Office E) and KRW 160 million from the National Bank account (G) in the Plaintiff’s name to Defendant C.

C. The plaintiff was above B.

At the time of remitting the money stated in the subsection, each of the following documents (hereinafter referred to as “instant documents”) was submitted by the Defendants.

Defendant B and C verify that they have regularly borrowed KRW 160,000,000 (160,000,000) from D, and at the request of D, the Defendants shall jointly and severally repay within 10 days.

【Ground of recognition】 The fact that there exists no dispute, Gap’s 1 through 4, Gap’s 11, and 12, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) is as follows: (a) the Plaintiff lent D KRW 160 million to D; (b) the Plaintiff owned a claim for return of unjust enrichment equivalent to the above amount; and (c) D re-loans to the Defendants; (b) the Plaintiff sought the return of the above loan in subrogation of D; (c) the Plaintiff, in the Plaintiff’s name, transferred the said amount directly to the Defendants from the Plaintiff’s account to the Plaintiff, or transferred the said amount to the Defendants without any legal cause; and (d) the Defendants requested the return of the above borrowed amount or unjust enrichment against the Defendants.

B. At the time of transfer of the funds of this case by the Defendants, D did not request the Plaintiff to borrow the funds due to dementia or any other disease, or lend the funds to the Defendants. At that time, D managed by the Plaintiff at that time.

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