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(영문) 광주지방법원 2017.05.12 2016가단500660

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as an accountant, is working for the faculty of the Gwangju University from around October 2007. The Defendant is a professor of the Gwangju University. Nonparty C was married with the Defendant on June 21, 1989, but was married with the Defendant on February 21, 2015, and was married with the Gwangju Family Court pursuant to the judgment on divorce and consolation money (hereinafter “instant divorce judgment”).

(A) Evidence No. 1). (b)

The Plaintiff became aware of Nonparty C, the Defendant’s wife, from around 2008 through the Defendant, who served in the Gwangju University. From August 24, 2009 to December 30, 2013, the Plaintiff loaned KRW 212,00,000 to Nonparty C in total.

(C) The debt of the above borrowed money to the Plaintiff (hereinafter “the debt of the borrowed money of this case”).

According to the instant divorce judgment, Nonparty C was entitled to receive KRW 214,465,206,00 from the Defendant as division of property. However, on July 23, 2015, the Plaintiff participated in the distribution procedure for “property division against the Defendant by Nonparty C” and received KRW 149,609,230 on August 3, 2015.

(Evidence No. 15) / [Grounds for Recognition] 1 to 19 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s daily home sales agency claim 1) The Plaintiff lent KRW 212,00,000 to Nonparty C as a common living expense of the married couple, such as children’s education expenses and family expenses, etc. The Plaintiff actually used the loan to Nonparty C and the Defendant’s living expenses, etc., so the Defendant is jointly and severally liable for the instant loan loan obligations pursuant to Article 832 of the Civil Act. (2) The Plaintiff was reimbursed for KRW 149,609,230 from Nonparty C on August 3, 2015. The Plaintiff paid KRW 171,940,442 to the Plaintiff for legal appropriation of the loan obligations according to the order of interest and principal. Therefore, the Defendant is obligated to pay the remainder of the loan to the Plaintiff, KRW 171,940,442, and damages for delay of the agreement.

B. Determination 1.

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