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(영문) 서울중앙지방법원 2016.06.22 2015가합565837

대여금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The plaintiff and defendant C became aware of the status of parties, etc. through the introduction of a person.

The Defendants are married, and Defendant C has managed and used the account (Account Number D; hereinafter referred to as “Korea bank account”) in the name of Defendant B, the wife, and has engaged in monetary transactions.

On September 27, 2005, the Plaintiff Defendant C’s comprehensive house for Cheonghish Co., Ltd., Ltd., such as the joint lease and business registration of the instant store (hereinafter “Cheonghish comprehensive house”) filed a registration of ownership preservation on September 27, 2005 with respect to the land-building Nos. 101 and Nos. 102 (hereinafter “instant store”) among the building in Gangnam-gu Seoul Metropolitan Government E (hereinafter “instant building”), and filed a registration of ownership transfer with the Korea Asset Trust Co., Ltd. on June 30, 2006, for which the registration of ownership transfer was completed due to the trust.

Plaintiff

On November 16, 2005, Defendant C jointly entered into a lease agreement to apply a separate special agreement with respect to the store of this case (the contract amount of KRW 300 million shall be paid at the time of the contract, the balance of KRW 200 million shall be paid after the commencement of the business; hereinafter “the lease deposit of this case”) and the lease agreement to apply a separate special agreement between November 16, 2005, and the rent of the store of this case shall be KRW 10 million until six months after the commencement of the business, and the rent of the store of this case shall be adjusted upward by taking into account the surrounding market prices after the year of one.

(2) The Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and the Plaintiff’s co-ownership and co-ownership