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(영문) 서울중앙지방법원 2019.07.09 2018가단5173688
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a female student of Defendant B, who was living in New Zealand around August 200, and is living in New Zealand, and Defendant B and Defendant C are married couple.

나. 원고는 1995년부터 1996. 12. 9.경까지 맏언니인 피고 B에게 수시로 피고들의 생활비 또는 피고 C의 사업자금 등의 명목으로 금전을 대여하여 주어 대여금액이 합계 82,547,000원에 이르렀는데 그 중 25,000,000원을 변제하여 남은 금액이 57,547,000원에 이르렀고, 피고 B은 1997. 1.경 차용내역을 기재하여 온 피고 B의 메모장에 위 정산 내역을 확인하여 기재한 다음 위 메모장의 복사본(갑 제1호증)을 원고에게 교부하였다.

C. On July 3, 1996, Defendant C, in view of the fact that, around July 1996, the Plaintiff was liable for the debt with the Defendant B with respect to the loan lent to Defendant B, the name of the joint owner of the above joint owner, and that Defendant C, who had been well aware of the business at that time, could be subject to the provisional seizure of real estate from the third creditors, the joint owner of the mortgage, the maximum debt amount of the loan amount of KRW 170,00,00,000, was registered on July 3, 1996.

However, on January 18, 200, the Plaintiff cancelled the registration of the establishment of the above neighboring mortgage upon the request of the Defendants for the termination. D.

On August 200, 200, the Plaintiff urged the Defendants to pay the interest to New Zealand, and even after the period between August 21, 2001 and November 10, 2009, the Plaintiff continued to enter the Republic of Korea on more than ten occasions during the period from August 21, 2001 to November 10, 2009.

Since September 13, 2018, when entering Korea as of April 13, 2018 and residing in Korea until June 19, 2018, Defendant B demanded approximately three times to pay the amount stated in the above domains. However, Defendant B did not borrow money received from the Plaintiff.

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