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(영문) 서울중앙지방법원 2015.09.22 2014가단61140

대여금

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from February 7, 2014 to September 22, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On February 3, 2009, the Plaintiff lent KRW 50 million to the Defendant, the wife of the Plaintiff (hereinafter “instant loan”).

Defendant Intervenor C (hereinafter “C”) is the Plaintiff’s wife, and the Defendant and the Intervenor’s Intervenor are siblings.

B. The Defendant’s Intervenor D (hereinafter “D”) purchased two reconstruction apartments in the name of the Plaintiff and C around 2004 under the name of the Plaintiff, and the Plaintiff sold the apartment (F apartment 205 Dong 1909) purchased in the name of the Plaintiff and had approximately KRW 30 million remaining after deducting taxes, etc. from the sales price.

C. Around March 2009, the Plaintiff stated to the Defendant by telephone that “20 million won out of the instant loans shall be given to the Plaintiff, and the remaining KRW 30 million shall be paid to D.”

Accordingly, the Defendant paid D KRW 12 million on July 1, 2009, and KRW 8 million on January 29, 201, and paid C KRW 10 million on January 29, 201.

E. Around July 6, 2011, the Plaintiff sent a written notice to the Defendant seeking reimbursement of KRW 20 million out of the instant loan, and the said written notice reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 1, Eul evidence 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant is obligated to pay to the Plaintiff the full amount of KRW 50 million of the instant loan.

According to the above facts of recognition, it is reasonable to view that there was an agreement between the plaintiff, the defendant, and D on the part of KRW 30 million among the loans in this case, that the defendant directly repaid KRW 30 million to D, and that there was an agreement between the plaintiff, the defendant, and the defendant to adjust the three-party claims and obligations.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 20 million, excluding the above KRW 30 million, out of the loans of this case 50 million.

B. The Plaintiff asserted 1 as to the assertion by the Defendant and the Intervenor joining the Defendant, shall be the reconstruction apartment in the clause E of the port to D.