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(영문) 서울동부지방법원 2018.03.15 2017가합107177
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 230,00,000 and the interest rate of KRW 15% per annum from July 29, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant is the husband of the Plaintiff’s Chokin C, and D is the husband of C.

B. On July 23, 2012, the Plaintiff transferred 230 million won (hereinafter “the instant money”) to the Defendant’s national bank account (E) in order to prepare a house for D to reside in Seoul.

C. On July 24, 2012, D entered into a lease contract with respect to collective housing No. 302 in Seocho-gu Seoul, Seocho-gu, Seoul, setting the deposit money of 230 million won and the deposit money of 230 million won from July 24, 2012 to July 23, 2014. The Defendant paid the deposit money of 230 million won, which was remitted by the Plaintiff.

On the other hand, the lease contract was terminated on January 19, 2016, and the defendant received 230 million won from D to the above national bank account in the name of the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The following circumstances, i.e., ① the Plaintiff and the Defendant did not prepare a loan certificate, but the fact that the loan certificate was not prepared in a monetary transaction between the Plaintiff and the Defendant, appears to be natural, ② the instant money was delivered to the Defendant for the purpose of using D’s deposit money, ③ upon the termination of the lease contract, and ③ the Defendant returned the instant money to the Defendant upon the termination of the lease contract. In light of this, it appears that D could not have known that the said money was the money donated to himself, and ④ the Defendant was the money donated to the Plaintiff or the Defendant, and the Defendant was merely the money kept or managed for D, but it was argued that it was very unusual to give D’s 230 million won to the Plaintiff, a lineal descendant, not his lineal descendant.

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