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(영문) 대전지방법원 2017.07.13 2016나7928

양수금

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1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

Reasons

Basic Facts

The Defendant and C related C discovered the Defendant’s photograph on “Kakaoto” app from F’s Handphone, which he came to know while drinking alcohol more than once around the winter in 2013, and requested F to introduce the Defendant to F. On February 2014, F’s contact point, the Defendant discovered the Defendant’s contact point from F’s Handphone, and came to teach the Defendant from around that time.

At the time, C, as his/her unmarried, has experienced re-performance, such as that his/her employee’s monthly pay of KRW 100,000,000, while operating awale and a gas station, etc. as his/her unmarried person, and said C was retired from the workplace in which he/she obtained an officetel and paid living expenses to the Defendant.

C On April 21, 2014, remitted KRW 11,00,000 to the Defendant, and concluded a lease agreement with respect to Etel 1012 located in Asan City in the name of C (hereinafter “instant officetel”) and had the Defendant pay the lease deposit with the said money.

After that, the Defendant was retired from office and resided in the instant officetel from April 2014 to April 2015, and paid rent of KRW 3,000,000 each month from C as stated in the payment details in the attached Form, and used the remainder as the cost of living. C visited almost every day to the instant officetel and lived with the Defendant, and led to a de facto living relationship, such as having a sex relationship, while living together with the Defendant.

On the other hand, C had a legal spouse by marriage and had two children, but C had a relationship with the Defendant while providing officetels and living expenses as above. On February 2015, C continued to maintain an internal relationship while giving the Defendant a separate notice that C would not receive any living expenses any longer by notifying his/her father and son of the fact that C had a father and son.

3.