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(영문) 서울중앙지방법원 2020.07.10 2018가합553736

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The deceased G was Defendant C, D, E, and F as his spouse, and the Plaintiff’s married with Defendant D on July 14, 2003. The deceased G and the Plaintiff were dead money.

B. On February 1, 2008, the Plaintiff borrowed KRW 12 million from the IE (hereinafter “IE”) (hereinafter “instant loan”). On the same day, the Plaintiff set up a right to collateral security with the maximum debt amount of KRW 134 million with respect to the Dongjak-gu Seoul J Apartment K (hereinafter “instant apartment”), which is owned by the Plaintiff to the IE, with respect to the Plaintiff’s J Apartment K (hereinafter “instant apartment”).

From the Plaintiff’s I Organization Account (Account Number L), KRW 1100 million was withdrawn on the same day, and the details of transactions were stated as “G”.

C. On April 1, 2008, the Plaintiff entered into a loan agreement of KRW 295 million with M&A (hereinafter “instant second loan”). On the same day, the Plaintiff established a collateral security with respect to the instant apartment with the M&A with the maximum debt amount of KRW 390 million.

On April 2, 2008, 300 million won of loans was deposited in the Plaintiff’s M&C account (Account Number N), and KRW 295 million was deposited in the above account on the same day.

The Plaintiff transferred KRW 181,422,849, out of KRW 295,00,000 withdrawn on the same day, to the G G, and repaid the instant loan to the I organization with the remainder of KRW 113,00,000,000,000,000,000,000,000,000

The right to collateral security was cancelled. D.

On May 7, 2008, the Plaintiff obtained a loan of KRW 140 million from the O association (hereinafter “third loan”). On the same day, the Plaintiff created a right to collateral security (hereinafter “each of the instant lands”) with a maximum amount of KRW 182 million with respect to the Pland of Seosan-si, Seosan-si, which is owned by the Plaintiff, and Q270 square meters (hereinafter “each of the instant lands”).

The amount of KRW 138,00,000 on the same day was withdrawn from the Plaintiff’s ODR account (R).

E. From June 25, 2008 to August 3, 2010, the net G is KRW 5,1910,000,000,000,000 in the Plaintiff’s M&C account (Account Number N) as shown in attached Table 1.