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(영문) 수원지방법원 2016.04.22 2015가단37029

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Evidence 【Evidence】1, A2-1 through 3, A3, A4-1, 2-2, B-1, 2, and 4-1 through 3, and the purport of the whole pleadings;

A. The Plaintiff is the mother of C.

C and the defendant completed the marriage report on November 30, 2008.

B. Around the beginning of July 2009, the Plaintiff provided KRW 35 million to the Defendant who was a tortfeasor.

C. The Defendant was paid KRW 35 million from the Plaintiff to laundry in the name of “Dlaundry.”

C leased F apartment No. 209, 401, and 100,000 won of the deposit, and the deposit was increased to KRW 110,000,000 around August 201.

E. C and the Defendant, on August 11, 2012, concluded a lease agreement with respect to the instant apartment and the instant apartment on the following date: (a) on August 30, 201, as the Plaintiff was of the F apartment, F apartment, 209, 703 (hereinafter “instant apartment”); and (b) on August 30, 2012, on a deposit amounting to KRW 140 million; (c) the remainder of KRW 126 million; and (d) the payment date.

On August 30, 2012, the Defendant borrowed KRW 15 million from a new bank under the name of the Defendant, and deposited the said money into the account in the name of G of the lessor.

On the other hand, C has jointly and severally guaranteed the above loan obligations.

F. On July 13, 2014, while the Defendant was born to C and his/her father and married life, the Defendant left home on July 13, 2014, and disposed of the Dlaundry and moved to another place.

G. C concluded a lease agreement with H on August 28, 2014, setting the deposit amount of KRW 170 million, and the period from October 28, 2014 to October 27, 2016, with respect to No. 1101 Dong 1104, Young-gu, Young-gu, Haak-gu, G.

On the other hand, on October 7, 2014, the Plaintiff repaid the Defendant’s debt of KRW 15 million to the Defendant’s new bank.

H. On April 3, 2015, the Defendant filed a lawsuit against C on April 3, 2015 (U.S. District Court 2015ddan3096), and C filed a counterclaim against the Defendant on June 12, 2015 (U.S. District Court 2015ddan5535), and “the Defendant and C” on July 1, 2015 shall be divorced.

C is a property division account in the name of the defendant until July 31, 2015.