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(영문) 수원지방법원성남지원 2020.08.11 2018가단239294

대여금반환 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were legally married couple who completed the marriage report on September 30, 2013. From November 2017, the judgment was rendered on January 5, 2018 to divorce on January 30, 2020 according to the Sungwon Family Court’s Seongbuk Branch 2018Ddan70639 (main office) brought by the Defendant on November 5, 2018, and the judgment became final and conclusive on February 21, 2020.

B. The Plaintiff was reported as receiving wage and salary income from the Defendant Company C (Co., Ltd. B before the change) operated by the Defendant. However, on December 6, 2018, the Plaintiff filed a lawsuit against the said Company for claiming unpaid benefits and loans with the Suwon District Court Sung-nam Branch 2018Kadan239300, which was rendered a judgment against the Plaintiff on February 12, 2020, which became final and conclusive on May 28, 2020 due to the Plaintiff’s waiver of the Plaintiff’s claim.

[Ground of recognition] Unsatisfy, Gap evidence 7, Eul evidence 8 (including branch numbers in case of provisional number), each of the facts in dispute, the significant facts in this court, the purport of the whole pleadings

2. The plaintiff's assertion is the defendant's wife, and at the defendant's request, the plaintiff loaned a sum of KRW 100,155,300 to the defendant as shown in the table below for the above company's operation fund.

On November 18, 2013, 18.1, 201, 200, 1,001, 200, 200, 1,000, 1,000 to Defendant E Association account on May 25, 2014, 200, 1,000, 1,001,00 in cash to Defendant on September 27, 2014, 200, 751,000, 200, 200. 0. 1,00, 20, 200, 1,000, 20, 200, 30, 00, 300, 300, 1,000, 200, 300, 1,000, 200, 300, 300, 105, 205, 205, 201, 20.