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(영문) 청주지방법원충주지원 2016.11.24 2015가단5364

대여금

Text

1. The Defendant’s KRW 4,500,000 as well as 5% per annum from October 20, 2015 to November 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff maintained a de facto marital relationship from around November 2012 with the Defendant’s mother C, and reported the marriage on April 13, 2015.

B. On February 17, 2014, the Plaintiff paid KRW 34,000,000 to the Defendant for the payment of the deposit for the deposit for the lease on a deposit basis. The Defendant repaid to the Plaintiff KRW 8,70,000 on February 20, 2014, and KRW 400,000 on March 12, 2014 and April 14, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4, Eul witness C's testimony, the purport of whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s argument (1) on February 17, 2014 at the Defendant’s request that the Plaintiff lend the deposit for the lease of the deposit for the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of KRW 34,500,000 to the Defendant, and the Defendant repaid only the total of KRW 9,500,000,000, the Defendant is obligated to pay to the Plaintiff the loan of KRW 24,500,000 (= KRW 34,00

(2) The Plaintiff did not intend to donate 10,000,000 won to the Plaintiff’s children and the Defendant’s children, and the Plaintiff transferred KRW 22,90,000 to D on June 8, 2015 by deeming that the Plaintiff was a restaurant.

C There are two children, other than Defendant and E, and there is no money to those children at all.

B. The summary of the Defendant’s assertion (1) received KRW 34,00,000 from the Plaintiff as the deposit for the lease on a deposit basis, but among them, KRW 20,000,000 was donated, and KRW 9,00,000 on February 20, 2014 out of the remainder of KRW 14,00,000 ( KRW 8,700,000 shall be deposited into the Plaintiff’s account; KRW 300,000 shall be paid in cash to C); and KRW 40,000 on March 12, 204 and April 14, 2014; and around January 20, 2015, C repaid all of the loans to C by having paid KRW 30,00,00 to the Defendant as a temporary payment.

(2) The Plaintiff, while disposing of a house in China around November 2013, is a marriage fund of KRW 10,000,000, to the Defendant and E, each of whom is a child of the Plaintiff, who is a child of the former husband, who is a child of the Plaintiff between the former husband and the former husband.