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(영문) 서울북부지방법원 2015.03.04 2014가단37962

대여금

Text

1. The Defendant: (a) KRW 4,000,000 for the Plaintiff and 5% per annum from September 4, 2014 to March 4, 2015.

Reasons

1. Facts of recognition;

A. A. Around May 1975, the Plaintiff’s attachment C divorced with the Defendant on and around June 201, but divorced according to a decision in lieu of the final conciliation in a divorce lawsuit filed by the Defendant (hereinafter “instant decision”).

B. Meanwhile, on December 8, 201, the Plaintiff transferred KRW 20 million from a bank account under the husband’s name to a post office account under the above C (hereinafter “instant account”) and KRW 4 million from January 9, 2012 to a bank account under the Defendant’s name.

C. According to the investigation report prepared in the above divorce lawsuit, it is stated that the defendant's obligation has KRW 24 million with the plaintiff.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. The assertion and judgment

A. The gist of the parties’ assertion is that the Plaintiff loaned KRW 20 million to the Defendant on December 8, 201, and KRW 4 million on January 9, 2012, and thus, the Plaintiff sought payment of KRW 24 million in total and damages for delay.

The defendant asserts that the above 24 million won of the plaintiff's assertion was lent by C to return the lease deposit, and even if the defendant was deemed to borrow, the plaintiff's claim of this case is contrary to the decision of this case so as not to cooperate with unnecessary conflicts after the divorce lawsuit and not to make a monetary claim under any pretext, or the defendant cannot respond to the plaintiff's claim against good customs in light of the amount that the defendant raised while raising the plaintiff, etc.

B. Determination as to the cause of the claim was made on whether the Plaintiff lent KRW 24 million to the Defendant; the Plaintiff transferred KRW 20 million from the bank account under the husband’s name to the instant account in December 8, 2011; and on January 9, 2012, the Plaintiff transferred KRW 4 million to the single bank account under the Defendant’s name; and on the other hand, stated in the report on investigation prepared in a divorce lawsuit that the Plaintiff was liable for the Defendant amounting to KRW 24 million to the Plaintiff.