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(영문) 서울서부지방법원 2018.09.20 2017가합39016

대여금 등

Text

1. The Defendant’s KRW 147,720,577 as well as 5% per annum from November 24, 2017 to September 20, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and C are born between the father and the father, and the defendant is the spouse of C.

B. D around July 2005, loans KRW 250,000,000 from the I Bank as security G apartment H on three lots outside the Seoul Mapo-gu Seoul Metropolitan Government, which was owned by it (hereinafter “instant apartment”).

C. D’s death on January 25, 2006, the registration of ownership transfer on the ground of “an inheritance by consultation or division” in the Plaintiff’s future regarding the instant apartment was completed on January 11, 2010.

C and E seem to have succeeded to another property of the network D through consultation and division.

On May 2012, the Plaintiff lent KRW 50 million to C (i.e., KRW 30 million on May 12, 2012) (i.e., KRW 20 million on May 14, 2012).

(A) On April 3, 2012, the Plaintiff obtained a loan of KRW 50 million from the Industrial Bank of Korea as collateral for the apartment of this case from the Industrial Bank of Korea. (E) The Plaintiff loaned the said loan to C at the request of C as it is.

On August 5, 2016, the Plaintiff obtained a loan of KRW 250 million from the Industrial Bank of Korea, and repaid the net loan obligations of KRW 198,200,962 to the net I Bank and KRW 50 million to the Bank of Korea.

Loans owed to I Bank on August 5, 2016, and loans owed to I Bank on or around September 8, 2016.

F. C died on May 9, 2017.

[Ground of recognition] Facts without dispute, Gap's 1 to 11, 16 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances, i.e., the Plaintiff’s claim for reimbursement against C, i.e., the basic facts as seen earlier and the evidence Nos. 4, 5, and 17, as well as the purport of the entire pleadings as a result of each reply by the Minister of Justice of the IBK Bank and the Minister of Consumer and Finance of the IBK Bank to the order to submit the financial transaction information in this court: ① KRW 250,000,000,000,000 won was used for remodeling costs by the K, which was operated by C.