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(영문) 창원지방법원마산지원 2020.02.06 2019가단102188
대여금 반환 청구
Text

1. The Defendant’s KRW 60,000,000 as well as its annual 5% from October 25, 2019 to February 6, 2020 to the Plaintiff.

Reasons

1. Summary of the parties' arguments

A. On March 20, 2018, the Plaintiff asserted that the Plaintiff lent KRW 60,000,000 out of the house purchase fund to the Defendant (hereinafter “the instant money”). As such, the Defendant is obligated to pay the Plaintiff the said KRW 60,000,000 and the damages for delay after March 21, 2018, which is the date following the lending date.

B. The Defendant alleged that he was given birth to C while living together with C, who maintained a de facto marital relationship with C, who is the Plaintiff’s children, and the Plaintiff donated the instant money to such Defendant for housing funds and living expenses.

Therefore, the defendant is not obligated to return the money of this case to the plaintiff.

2. Examining the overall purport of the arguments in the evidence Nos. 1 through 3 above, the plaintiff transferred the money to the defendant 60,000,000 won (the instant money) on March 13, 2018, which was around the time when the plaintiff and the defendant live in a de facto marital relationship while maintaining a de facto marital relationship, to the defendant. The defendant transferred the money to the defendant as the purchase fund for the non-permanent members D and the non-permanent members E House Nos. 1 to 3rd floor E (hereinafter “the instant house”) on March 26, 2018. In light of the above evidence No. 4, it is recognized that the plaintiff acquired the ownership of the instant house on March 13, 2018, and that it is hard to view that the plaintiff continued to return the money to the defendant in light of the following circumstances:

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