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(영문) 수원지방법원성남지원 2017.12.06 2017가단7728

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 2013, the Plaintiff and the Defendant met with a marriage information company, and began to live together from around December 2013.

B. The Plaintiff and the Defendant returned the instant apartment to C on September 23, 2013 (hereinafter referred to as “the instant apartment”) with the lease deposit of KRW 100,00,000 (hereinafter referred to as “the lease deposit”), the rent of KRW 1,00,000 per month (prepaid on December 21), and the lease term of KRW 21,00 per month from December 21, 2013 to December 21, 2015 (hereinafter referred to as “the instant apartment”) and was living in the lower-nam apartment No. 1111 Dong 102 (hereinafter referred to as “the instant apartment”), and the Defendant returned the instant apartment to C on July 29, 2015, deducted the overdue rent and management expenses, etc. from the instant lease deposit.

C. Accordingly, the Defendant received from C a total of KRW 98,906,370, including KRW 10,000,000 on May 11, 2015, and KRW 88,906,370 on July 29, 2015 (i.e., KRW 10,000,000) (i., KRW 88,906,370) from the Plaintiff, and thereafter, the Defendant received KRW 6,50,000 on May 11, 2015; KRW 1,000,000 on June 11, 2015; KRW 30,80,000 on July 29, 2015; KRW 80,000 on July 28, 200, KRW 300,000 on the aggregate of KRW 30,000,00 on the 00,000 on the 3700.

On the other hand, the defendant, around July 2016, has been taking part of the household that has been used together with the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 6 through 9, Eul evidence 1 (including each number), and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff lent 60,500,000 won out of the lease deposit of this case returned by the defendant C to the defendant. The defendant is obligated to pay the plaintiff the above 60,500,000 won and damages for delay to the plaintiff (the plaintiff's assertion 2). The defendant living together with the plaintiff as if he were married to the plaintiff, and notified the plaintiff of his intention unfairly, and the director was abandoned. The defendant was against and brought to the plaintiff.