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(영문) 광주지방법원 2017.07.11 2016가단520916
대여금
Text

1. Defendant B’s KRW 53,00,000 as well as 5% per annum from October 1, 2012 to December 6, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendants were legally married couple who completed the marriage report on April 14, 2006, but on April 24, 2013, the Gwangju Family Court confirmed the divorce agreement and completed the marriage report on May 6, 2013.

B. The Plaintiff is a creditor, and the Defendants are the debtor, and a cash storage certificate with the following contents is prepared:

Amount of cash storage certificate for cash storage: The above amount shall be received by B and C from the lender at the time of borrowing, and the time of repayment shall be as follows:

The date and time of borrowing: June 1, 201: A debtor 1: B debtor 2: C

C. On June 1, 201, the Plaintiff deposited KRW 53,000,000 in the deposit account under Defendant B’s name, and Defendant B collected KRW 130,000,000 in total of the money deposited in the deposit account and KRW 53,000,000 on June 1, 2011, and paid to D.

The Defendants purchased from D on May 18, 201, land and its ground buildings in Seo-gu, Gwangju, Seo-gu, 224.5 square meters (hereinafter “instant real estate”). On July 11, 2011, the Defendants completed the registration of ownership transfer each of the instant real estate under the name of the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. On May 18, 201, the Defendants: (a) concluded a sales contract with D to purchase the instant real estate on a married basis; and (b) concluded a loan to purchase the instant real estate on June 1, 201; and (c) borrowed KRW 53,00,000 from the Plaintiff on September 30, 201, without setting interest thereon; and (b) paid the said KRW 53,000,000 to D as the purchase price of the instant real estate; and (c) completed the registration of transfer of ownership under the joint title of the Defendants, the Defendants jointly run a rental business on the instant real estate after completing the registration of transfer of ownership on the instant real estate.

As above, the Defendants jointly borrow the above KRW 53,00,000 from the Plaintiff and run a leasing business.

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