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(영문) 서울중앙지방법원 2015.08.13 2014가합592696

대여금 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are married on July 27, 2002 and have children D, and Defendant C is the mother of Defendant B.

B. The Plaintiff transferred USD 521,146 to the account in the name of the Defendant B during the marriage period from November 24, 2009 to May 10, 2010.

C. On November 2014, the Plaintiff repaid USD 45,500 to Hong Kong with the credit card payment for the family card issued under one’s name in China (hereinafter “China bank”). On December 2014, the Plaintiff repaid USD 100,000 to the Standard Limited Bank (hereinafter “Sandard Bank”) in its name.

In addition, from May 25, 2009 to February 26, 2010, the Plaintiff remitted KRW 42,887,551 to the Defendant C’s account at the time.

E. The Plaintiff and Defendant B, while married, performed their respective workplace life in China, Hong Kong, and Japan. During that process, Defendant C and other countries including China are in exclusive charge of child care and suicide for their grandchildren during several years in China.

I tried to do so.

F. On November 21, 2011, the Plaintiff and Defendant B got a divorce by agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-6, Gap evidence 2-3, 4, Gap evidence 3-1 and 2-2, the purport of the whole pleadings

2. The Plaintiff asserted that: (a) from November 24, 2009 to May 10, 2010, the Plaintiff lent the said money to Defendant B by remitting USD 521,146 to the account in the name of the Defendant; (b) USD 45,500 to the Chinese bank’s credit card price in the name of the Plaintiff used at will during the marriage life by Defendant B was repaid to Defendant B in lieu of USD 100,000 in the name of the Plaintiff.

In addition, from May 25, 2009 to February 26, 2010, the Plaintiff lent KRW 42,887,551 to Defendant C.

Therefore, Defendant B’s loans amounted to KRW 72,913,536 ($ 521,146 in Hong Kong x USD 139.91 in / Hong Kong 1 in 2014 as of December 16, 2014, the day immediately before the filing of the instant lawsuit.) and the amount of indemnity 20,356.