대여금
1. The Defendant’s KRW 38,500,000 as well as 5% per annum from March 15, 2017 to May 2, 2018 to the Plaintiff.
1. Basic facts
A. The Plaintiff, who was married with the Defendant, was divorced on July 1, 2016.
B. The Defendant married on November 29, 2014, and the Plaintiff remitted KRW 60 million to C, a lessor of the Defendant’s new marriage house, as the deposit for lease on a deposit basis.
(In fact, the Plaintiff remitted the total of KRW 60 million on November 11, 2014, and KRW 61 million on the 21.55 million on the same month, but the Plaintiff received a refund of KRW 7.6 million after deducting KRW 2,40,000 from the management expenses by mistake.
On the other hand, on November 25, 2014, the Defendant’s mother-friendly D remitted KRW 21.5 million to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 8 through 11 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence No. 8, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the parties’ assertion argues that the Plaintiff paid KRW 60 million to C, a lessor of the new marriage-based household upon the Defendant’s request for a loan of the deposit money, and that the Plaintiff refunded KRW 20 million from D, his mother-child, and lent KRW 40 million, which is the difference.
In regard to this, the Defendant asserts to the effect that the Plaintiff was donated to the Defendant at the time, South Korea, and that the amount received is KRW 38.5 million (=60 million paid by the Plaintiff to C - KRW 21.5 million paid by D to the Plaintiff).
B. First of all, we examine whether the Plaintiff leased the deposit for the lease on a new house to the Defendant.
In light of the following circumstances, the Plaintiff’s donation to the Defendant of the amount of KRW 40 million to KRW 38,50,000, in light of the Plaintiff’s income or liability details, and the fact that the Plaintiff and the Defendant commenced a divorce lawsuit after eight months from the date of transfer, etc., the Plaintiff’s donation of the amount of KRW 40 million to KRW 38,50,000,000 to KRW 38,000,000 to KRW 48,000 to KRW 48,000 to KRW 48,00,000 to KRW 4,00