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(영문) 제주지방법원 2019.10.16 2019나11135
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a de facto marital relationship with C, a female farmer of the Defendant.

B. The Plaintiff remitted to the Defendant KRW 9 million on December 14, 2016, KRW 10 million on February 24, 2017, KRW 24 million on November 23, 2017, and KRW 5 million on November 23, 2017.

C. On April 12, 2016, the Plaintiff transferred KRW 500,00 to D’s mother.

The Plaintiff remitted the Defendant’s father E a total of KRW 1.7 million on July 1, 2016, KRW 300,000,000 on August 12, 2016, KRW 80,000 on December 9, 2016, and KRW 1.7 million on April 27, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff asserts that: (a) the Plaintiff loaned KRW 1.7 million to the Defendant on December 14, 2016 (in cash payment), KRW 10 million on February 24, 2017, KRW 25 million on November 23, 2017, KRW 2.5 million on the Defendant’s father’s account; (b) upon the Defendant’s request, the Plaintiff lent KRW 1.7 million to the Defendant’s father’s account; and (c) KRW 2.2 million on the Defendant’s mother’s D account to KRW 2.2 million.

In regard to this, the defendant asserts that the 24 million won remitted from the plaintiff is the operating income for the restaurant that the defendant prepared to the plaintiff, not the loan, and that the plaintiff did not receive a cash of 1 million won from the plaintiff on December 4, 2016, and that the plaintiff did not know about the 2.2 million won remitted to the defendant's parents.

3. Determination

A. The aforementioned evidence, Gap evidence, Eul evidence Nos. 2 and 3, and Eul evidence Nos. 4 (including paper numbers), each of the following circumstances (which seems to be contrary thereto) that can be acknowledged by comprehensively considering the overall purport of the arguments and arguments, i.e., the defendant sent to the plaintiff around November 14, 2017 the message "BYY 5 million won in the contract of the office of the house of the house of the house of the house of the house of the house of the house of the house of the house of the house of the house of the year of November 14, 2017," and at around 20:50 on the same day, the plaintiff sent to C a message "I have no answer that I would have made a request for the house of the house of the house of the house of the house of the house of the house of the house of the household of the year of the year of the signing."

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