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(영문) 서울동부지방법원 2015.11.10 2015가단120278

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On October 21, 2004, the Plaintiff filed a lawsuit, including the Seoul Family Court 2004Dhap11094 and the division of property, etc. on October 21, 2004, and on February 2, 2006, the Seoul Family Court rendered a judgment that “C shall pay to the Plaintiff the consolation money of KRW 30 million and KRW 180 million with the division of property,” and upon appeal of the Plaintiff, the Seoul High Court (2006Reu524) that caused the appellate court (200 million) changed the division of property from the first instance judgment on January 17, 2007 to the effect that “C shall pay KRW 200 million to the Plaintiff.” The above judgment became final and conclusive on February 13, 2007.

B. When C received approximately KRW 345 million of retirement pay around February 2005 during the above lawsuit, there was concern that the said property would be subject to compulsory execution. As such, C concealed property by borrowing money in spite of the fact of borrowing money from D, a workplace partner, and remitting money as if he/she repaid, etc. In response, Seoul Western District Court was sentenced to imprisonment for 6 months in the case of evasion of compulsory execution.

C. C borrowed money without having borrowed money from the Defendant under the above method, and concealed the property by paying KRW 33 million to the Defendant on March 22, 2005, as if he were to repay the money.

Therefore, the plaintiff primarily claims the return of the above 33 million won, which was repaid to the defendant without debt, by exercising the subrogation right, and the plaintiff is the joint tortfeasor if the defendant knew of the crime of evading the compulsory execution of C and attempted to do so. Thus, the plaintiff is the joint tortfeasor, and the defendant is the joint tortfeasor. Thus, the plaintiff claims the above 33 million won as compensation for damages.

2. On March 22, 2005, the evidence presented by the Plaintiff alone, as if C borrowed money and repaid the money to the Defendant on March 22, 2005, despite the absence of the fact that C borrowed money from the Defendant, the Defendant paid the above KRW 33 million to the Defendant without any cause.