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(영문) 대구지방법원 2017.04.11 2016가단37072

대여금등

Text

1. The Defendant calculated the Plaintiff at the rate of 15% per annum from December 14, 2016 to the date of full payment.

Reasons

1. The parties' assertion

A. On December 23, 2014, the Plaintiff spent KRW 28 million as part of the sales price under the name of the Defendant, Daegu Northern-gu, 103dong 406, which was sold in the name of the Defendant, in order to prepare a house for death by marriage with the Defendant who was married through the marriage information company.

On February 1, 2016, the Defendant agreed to return the said KRW 28 million to the Plaintiff when the marriage with the Plaintiff is not married.

After that, the plaintiff decided not to proceed to marriage any longer due to the problems such as the education of the former wife, apartment sale price, and car purchase between the defendant and the defendant.

The defendant returned 2 million won out of the above money to the plaintiff.

Therefore, the defendant is obligated to pay the remaining amount of KRW 26 million to the plaintiff.

B. The Defendant received KRW 28 million out of the apartment sale price from the Plaintiff, but paid to the Plaintiff the sum of KRW 28 million on January 16, 2015, and KRW 29 million on May 31, 2015 (one million on the display of interest during the period or height).

However, on January 20, 2016, the Defendant only donated KRW 28 million from the Plaintiff to the Plaintiff.

2. Comprehensively taking account of the respective statements and arguments stated in Gap evidence Nos. 1 through 4, Eul evidence Nos. 2-1, 2, and 3, the plaintiff paid KRW 28 million as part of the sale price under the name of the defendant on December 23, 2014. The defendant paid KRW 28 million to the plaintiff on January 16, 2015, KRW 28 million, and KRW 1 million on May 31, 2015, and the plaintiff remitted KRW 28 million to the defendant again on January 20, 2016, and the defendant purchased D's automobile No. 1035,000,000,000 won to the plaintiff on December 20, 2016, the defendant purchased D's automobile under the name of the defendant, and on February 1, 2016, the defendant would have to have the plaintiff move to the plaintiff on February 26, 2016, and the defendant would have to have the plaintiff move to the apartment No. 3607.