beta
(영문) 대전지방법원 2020.10.22 2019가단127068

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant (name C before the opening of the name) maintained a de facto marital relationship with D from around 1998 to 2017.

The plaintiff is the subject of D.

B. On October 18, 2013, the Plaintiff issued D with a face value of KRW 20 million ( check E) and a face value of KRW 15 million (the check number F; hereinafter referred to as “instant check”).

On October 30, 2013, the Defendant received the instant check from D and received KRW 35 million from the G Cooperatives’ name branch.

From December 2, 2013 to June 30, 2014, the Defendant paid KRW 202,500 each time to the Plaintiff.

C. D filed a lawsuit claiming consolation money and a division of property (hereinafter “property division lawsuit”) against the Defendant and H due to a de facto marriage dismissal in the Daejeon Family Court Decision 2017Dhap20003 (hereinafter “ de facto marriage”).

D Around May 2017, submitting a preparatory document in a property division lawsuit, around May 2017, D stated that “D lent KRW 35 million (the check number of this case) from the Plaintiff, who is the Plaintiff, and provided the Defendant with the deposit KRW 90 million. The Defendant included interest at KRW 200,000 on the last day of each month as the Plaintiff’s account.”

D and the defendant arranged on August 31, 2017, among the active property owned by the defendant subject to division of property at the second date for pleading of the property division lawsuit, the value of the land located in Bocheon-gu, Daejeon High School (hereinafter “J Housing”), and Kim Jong-si as the active property owned by the defendant subject to division of property.

E. On September 15, 2017, D submitted a written application for carbon in a property division lawsuit, stating that “A situation shall be asked for KRW 35 million lent to Nuna.”

D submitted a written opinion in a property division lawsuit on December 20, 2017, and stated D’s small property as D’s small property, and D’s “35 million won of deposit for lease on a deposit basis.” Even if D’s ownership is transferred from the Defendant to a property division, the value of J’s house is KRW 175 million, and this is the small property of D.