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(영문) 서울남부지방법원 2017.04.25 2015가단241635

대여금반환 등

Text

1. As to KRW 151,627,829 and KRW 20,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 4,00,000 from December 1, 2012.

Reasons

1. Facts of recognition;

A. On June 10, 2012, the Plaintiff lent KRW 10,000,000 on June 10, 2012, and KRW 10,000 on the following day to the Defendant each due date set at the end of November of the same year.

B. On January 25, 2015, the Plaintiff lent KRW 4,000,00 to the Defendant without a due date agreement, and the content-certified mail demanding the return of this money was delivered to the Defendant on June 9, 2015.

C. The Plaintiff asked the Defendant to lend the rent for the sale of an apartment unit sold in the name of the Defendant, and the Plaintiff provided a false content to the National Bank C Branch as if the Plaintiff resides in the above apartment unit as a lessee, and received a loan from the above branch to the Defendant on July 25, 2014, and lent KRW 137,000,000 to the Defendant on July 25, 2014.

Afterwards, Defendant paid the principal and interest of KRW 137,00,000 in installments. Finally, on June 25, 2015, Defendant paid the principal and interest of KRW 127,286,459.

(3) The court below erred by misapprehending the legal principles as to the facts alleged in the ground of appeal on this part by misapprehending the legal principles as to the grounds of appeal.

D. The above C.

In relation to the loan of the pre-tax loan mentioned in paragraph (1), the Defendant calculated the house guarantee fee once a year. The Defendant did not bear the house guarantee fee only when the loan of the pre-tax loan, and did not bear the house guarantee fee for the year 2015. The Plaintiff spent the house guarantee fee of 341,370 won on August 25, 2015.

E. The Plaintiff and the Defendant, from around 2003 to around 2003, went into existence, and lived without filing a marriage report on February 7, 2015, and the de facto marital relationship was still pending in the family litigation when the de facto marital relationship was broken down on the only month of a weak marriage.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, and 7, the purport of the whole pleadings

2. Determination

A. According to the facts stated in Paragraph (1) of the cause of the claim, the Defendant loans of KRW 10,000,000 for loans of KRW 10,000,000 for loans of KRW 127,286,459 for loans of KRW 151,627,829 for the Plaintiff.