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(영문) 대구지방법원 경주지원 2021.02.02 2019가단15048

대여금

Text

All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs are not married, and the defendant filed a lawsuit for divorce, etc. against D, the plaintiff, the plaintiff, around January 16, 201, and around March 6, 2013, and reported marriage on March 3, 2013, but on December 3, 2019, the Ulsan Family Court 2019 D filed a lawsuit for divorce, etc. 28058.

D On December 22, 2010, with respect to the instant apartment G G, Daegu-gu and 3 lots of apartment land (hereinafter “instant apartment”) on the registration of the transfer of ownership (the transaction value of KRW 250,150,000), and 170,000,000 from H bank on the same day (hereinafter “H bank”), and completed the registration of the establishment of the right to collateral security with the claim amount of KRW 204,00,000, and the debtor’s mortgage amount of KRW 4,000 to H bank on the same day (hereinafter “H bank”).

D On May 31, 2016, repaid the full amount of loans of KRW 167,244,143, which are remainder of the obligation at H bank at the time, and terminated the said mortgage, and received loans of KRW 274,00,000 from I Co., Ltd. (hereinafter “I Bank”) on the same day, D completed the registration of the establishment of the said mortgage with respect to the apartment of this case at H Bank I, the maximum amount of the bonds was KRW 328,00,000,000, and the debtor D.

Don June 26, 2017, 200,000 won from J Co., Ltd. (hereinafter “J”) and 17.4 million won from K Co., Ltd. (hereinafter “K”) on November 23, 2017, respectively.

D on January 3, 2018, selling the instant apartment in KRW 440 million to L, and receiving the down payment of KRW 55 million on the same day, and paying KRW 30 million on the same day to the Defendant, respectively, and paying KRW 25 million on January 4, 2018.

On January 5, 2018, the Defendant provided a down payment of KRW 23 million ( KRW 20 million on January 4, 2018, KRW 200 million on the lease deposit, KRW 170 million on the rent deposit, and KRW 23 million on the lease deposit, from February 7, 2018 to February 6, 2020. On the same day, the Defendant provided a down payment ( KRW 20 million on January 5, 2018) with KRW 23 million on the lease deposit, KRW 30 million on the rent, KRW 17 million on the rent, and the lease period from February 22, 2018 to February 21, 2020, respectively.